W'Hd.Hhrt  '  iH'l 


UNIVERSITY  OF  CALIFORNIA 
AT    LOS  ANGELES 


5f: 


THE  CHHRTER 

-OF  THE- 

CITY  of  DETROIT^ 

"552.:  5?) 


— AND  — 


^.cts  of  Tlie   Legfislatiare 


RELATING  TO   THE 


SEVERAL  BOARDS,  COMMISSIONS  AND  COURTS 


-OF    THE  — 


CITY  OF  DETROIT, 


— TOGETHER  WITH- 


THE    GENERAL     ELECTION  LAWS. 


Compiled  under  the  direction  of  JOHN  J.   SPEED,  City  Counselor,  by  order  of  the  Common  Council 


DETROIT: 

THOS.  SMITH  PRINTING  Co.,  CITY  PRINTERS, 
1393- 


^S3 


THE   CHARTER 


city    or   Detroit. 


CHAPTER  I, 


An  Act  to  provide  a  Charter  for  the  City   of   Detroit,   and  to 

repeal  all  acts  and  parts  of  acts   in 

conflict  therewith. 

Approved  June  Jlh,  iSJj  ,' given  effect  July  1st,  iS8j. 


INCORPORATION  I    CITY  AND  WARD  BOUNDARIES. 

Chapter  1. 
(§  1.)     Section  1.     The  People  of  the    State   of   Michigan,   enact:  Corporation. 
That  inhabitants  of  the  city  of  Detroit  shall  continue  to  be   one   body 
politic  and  corporate,  under  the  name  and  style  of  the  city  of  Detroit;  Name  and 

powers  of 

and  as  such  shall  have,  exercise  and  enjoy  such  powers  of  a  local, 
legislative  and  administrative  character  as  are  conferred  by  this  act, 
or  by  the  general  laws  of  the  State  of  Michigan,  and  shall  also  eojoy 
such  implied  and  incidental  powers  and  rights  as  are  possessed  by 
municipal  corporations  in  this  State. 


6  9  3  7  5 

JUL  25  1900 

21  HP.B2 


CHARTER   OF   THE   CITY   OF    DETROIT. 


Incorporation:  Citj    ind  Ward  Boundaries 


Legislative  and  (R  2.)     Si;c.  -J.     The  powers   of  local   Government    possessed   by 

Administrative  *  J 

Departments.  sajtj  oitv  ,uv  (jivided  into  two  departments,  the  legislative  and  ad- 
ministrative. No  person  or  body  belonging  to  one  department  shall 
exercise  powers  properly  belonging  to  the  other,  except  in  cases  ex- 
pressly provided  in  this  act. 

(ij  3.)  Sec.  3.  The  territorial  limits  of  said  city  of  Detroit  shall 
Boundaries.  include  all  that  tract  of  country  in  the  county  of  Wayne,  bounded  and 
described  as  follows :  Begiuuing  at  the  intersection  of  the  national 
boundary  line  in  the  Detroit  river,  with  the  easterly  line  of  private 
claim  number  two  hundred  and  fifty-seven  extended,  running  thence 
northerly  along  the  easterly  line  of  said  private  claim  number  two 
hundred  and  fifty-seven  and  along  the  easterly  line  of  the  back  con- 
cession to  said  private  claim  numbered  two  hundred  and  fifty-seven 
to  the  center  of  the  Butler  road,  so  called;  thence  westerly  along  the 
rear  lines  of  private  claims  to  the  center  of  St.  Charles  avenue;  thence 
northwesterly  along  the  center  of  St.  Charles  avenue  to  the  center  of 
Strong  avenue;  thence  along  the  center  of  Strong  aveuue,  westerly 
and  northwesterly,  to  the  intersection  of  the  center  line  of  Mt.  Elliot 
avenue  extended;  thence  westerly  along  a  lir.e  parallel  with  the 
northerly  line  of  the  Boulevard  to  the  easterly  line  of  St.  Aubin 
avenue;  thence  northerly  along  said  easterly  line  of  St.  Aubin  avenue, 
and  St.  Aubin  avenue  extended,  to  a  point  in  fractional  section  thirty- 
nine,  town  one  south,  of  range  twelve  east,  said  point  beiDg  two 
hundred  and  thirty-three  feet  northerly  of  the  southerly  line  of  said 
quarter  section  thirty-nine;  thence  westerly  on  a  line  parallel  with  the 
southerly  line  of  said  quarter  section  thirty-nine,  and  being  two 
hundred  and  thirty-three  feet  northerly  of  the  southerly  line  of  said 
quarter  section  thirty-nine,  to  a  point  two  hundred  and  thirty-three 
feet  easterly  of  the  center  line  of  Oakland  avenue,  so-called;  thence 
northerly  oq  a  line  parallel  with  said  center  line  of  Oakland  avenue 
and  Oakland  avenue  extended,  and  two  hundred  and  thirty-three  feet 


CHARTER   OF   THE   CITY    OF    DETROIT. 


Incorporation:  City  anp  Ward  Boundaries.  Chapter  1 


easterly  thereof,  to  a  point  indicated  by  and  intersecting  the   easterly 

Boundares. 

and  westerly  center  line  of  quarter  section  twenty-three  of  the  ten 
thousand  acre  tract  in  Hamtramck  township;  thence  westerly  from 
said  last  mentioned  point  along  the  center  line  of  quarter  sections 
twenty-three  and  twenty-four  of  the  ten  thousand  acre  tract  in  Ham- 
tramck township,  across  Woodward  avenue,  so-called,  and  along  the 
center  line  of  quarter  sections  twenty-five  and  twenty-six  of  the  ten 
thousand  acre  tract  in  Greenfield  township,  to  a  point  two  hundred 
and  fifty  feet  westerly  of  the  center  line  of  Crawford  street,  so-called, 
extended;  thence  southerly  on  a  line  parallel  with  the  center  line  of 
Crawford  street  extended  and  two  hundred  and  fifty  feet  westerly 
thereof,  to  a  point  in  quarter  section  thirty-five  of  said  ten  thousand 
acre  tract,  two  hundred  and  thirty-three  feet  northerly  of  the  center 
line  of  the  Williams  road,  so-called;  thence  westerly  on  a  line  parallel 
with  the  center  line  of  the  said  Williams  road,  and  two  hundred  and 
thirty-three  feet  northerly  thereof,  to  the  easterly  line  of  Twelfth 
street;  thence  southerly  along  the  easterly  line  of  Twelfth  street  to  a 
point  two  hundred  and  twenty-four  and  three-fourths  feet  northerly 
of  the  northerly  line  of  the  Boulevard;  thence  westerly  on  a  line 
parallel  with  and  two  hundred  and  twenty-four  and  three-fourths  feet 
northerly  of  the  northerly  line  of  the  Boulevard,  to  a  point  in  section 
fifty-two  of  the  ten  thousand  acre  tract,  said  point  being  two  hundred 
feet  west  of  the  west  line  of  the  Boulevard  in  section  two,  town  two 
south,  range  eleven  east  extended  north;  thence  south  on  a  line  two 
hundred  feet  west  of  and  parallel  with  the  west  line  of  said  Boulevard 
to  the  northerly  line  of  the  private  claims;  thence  westerly  on  the  rear 
of  the  northerly  line  of  the  private  claims  to  the  westerly  line  of  back 
concession,  private  claim  thirty;  thence  westerly  in  a  direct  course  to 
the  easterly  line  of  private  claim  two  hundred  and  sixty-six;  thence 
southerly  along  the  easterly  line  of  private  claim  two  hundred  and 
sixty-six  to  the  southerly  line  of  Toledo  avenue;  thence  westerly  along 


CHARTER    OF    PHE   CITY   OF    UKTROIT. 


[NCOS   'ORATION     ClTI   AND  WARD  Bol  NDARIES. 


Ward 
Boundaries. 


First  Ward. 


Second  Ward. 


Third  Ward. 


Fourth  \V;ird 


the  southerly  line  of  Toledo  avenue  to  the  westerly  Hue  of  Livernois 
avenue;  thence  southerly  along  the  westerly  line  of  said  Livernois 
avenue  to  the  northerly  line  of  the  Dix  road;  thence  westerly  on  said 
northerly  line  of  said  Dix  road  to  the  westerly  line  of  Artillery  avenue 
extended:  thence  southerly  along  said  westerly  line  of  Artillery  avenue 
extended  to  tlie  national  boundary  line  in  the  Detroit  river,  and  thence 
along  the  national  boundary  line  in  the  Detroit  river  up  stream  to  the 
place  of  beginning;  and  also  all  that  parcel  of  land  situated  in  the 
Detroit  river  and  known  as  Belle  Isle.  (As  amended  by  Act  approved 
May  13th,  1891.) 

(§  4.)  Sec.  4,  The  said  city  is  hereby  divided  into  the  follow- 
ing wards: 

First,  The  first  ward  shall  consist  of  all  that  part  of  the  city  l>ing 
between  the  center  lines  of  Woodward  avenue  and  Beaubien  street, 
and  the  said  lines  extended  northerly  and  southerly  to  the  city  limits. 

Seco?id,  The  second  ward  shall  consist  of  all  that  part  of  said  city 
bounded  on  the  east  by  the  center  line  of  Woodward  avenue,  and  on 
the  west  by  the  center  line  of  First  street,  from  the  Detroit  river  to 
the  center  line  of  Grand  River  avenue,  up  Grand  River  avenue  to  the 
center  line  of  Second  street,  and  along  the  center  line  of  Second  street, 
and  the  said  lines  extended  northerly  and  southerly  to  the  city  limits. 

Third,  The  third  ward  shall  consist  of  all  that  part  of  said  city 
lying  between  the  center  lines  of  Beaubien  street  and  Hastings  street, 
and  the  said  lines  extended  northerly  and  southerly  to  the  city  limits. 

Fourth,  The  fourth  ward  shall  consist  of  all  that  part  of  said  city 
lying  between  the  westerly  boundary  line  of  the  second  ward,  above 
described,  and  the  center  line  of  Crawford  street,  from  the  northerly 
city  limits  to  the  center  line  of  Grand  River  avenue,  thence  through 
Grand  River  avenue  to  the  center  line  of  Fifth  street,  and  down  the 
center  line  of  Fifth  street,  and  the  said  lines  extended  northerly  and 
'  lierly  to  the  city  limits. 


CHARTER   OF   THE   CITY   OF   DETROIT. 


Incorporation-:  City  and  Ward  Boundaries. 


Fifth,  The  fifth  ward  shall  consist  of  all  that  part  of  said  city  lying  Fifth  Ward- 
between  the  center  lines  of  Hastings  street  and  Russell  street,  and  the 
said  lines  extended  northerly  and  southerly  to  the  city  limits. 

Stxth,  The  sixth  ward  shall  consist  of  all  that  part  of  said  city  sixth  Ward, 
lying  between  the  west  boundary  line  of  the  fourth   ward,  above  de- 
scribed, and  the  center  line  of  Trumbull  avenue,  and  the  said   lines 
extended  northerly  and  southerly  to  the  city  limits. 

Seventh,  The  seventh  ward  shall  consist  of  all  that   part   of   said  Seventh  Ward, 
city  lying  between  the  center  lines  of  Russell  street  and  Dequindre 
street,  and  the  said  lines  extended  northerly  and  southerly  to  the  city 
limits. 

Eighth,  The  eighth  ward  shall  consist  of  all  that  part  of  said  city  Eighth  Ward, 
lying  between  the  east  line  of  Godfroy  farm   and  the  center  line   of 
Trumbull  avenue,  and  the  said  lines  extended  northerly  and  southerly 
to  the  city  limits. 

Ninth,  The  ninth  ward  shall  consi3t  of  all  that  part  of  said  city  Ninth  Ward, 
lying  between  the  centre  lines  of  Dequindre  street  and   Chene  street, 
and  the  said  lines  extended  northerly  and  southerly  to  the  city  limits. 

Tenth,  The  tenth  ward  shall  consist  of  all  that  part  of  said  city  w 

lying  between  the  west  line  of  the  Loranger  farm  and  the  east  line  of 
the  Godfroy  farm,  and  the  said  lines  extended  northerly  and  souther- 
ly to  the  city  limits. 

Eleventh,  The  eleventh  ward  shall  consist  of  all  that  part  of  said  Eleventh  Ward 
city  lying  between  the  center  lines  of  Chene   street  and  McDougall 
avenue,  and  the  said  lines  extended   northerly  and  southerly  to  the 
city  limits. 

Tzvelfth,  The  twelfth  ward  shall  consist  of  all  that  part  of  said  Twelfth  Ward 
city  lying  between  the  west  line  of  the  Loranger  farm  and  the  wester- 
ly line  of  the  Porter  farm,  and  the  said  lines  extended   northerly   and 
southerly  to  the  city  limits. 


CHARTER   OF   THIi   CITY  OF  DETROIT. 


Chapter  l.  [incorporation:  City  and  Ward  Boundaries. 


teenth 
Ward. 


Thirteenth  Thirteenth,  The  thirteenth  ward  shall  consist  of  all  that    part    of 

Ward. 

said  city  lying  between  the  center  line  of  McDougall  avenue  and  the 
■  enter  line  of  Mt.  Elliott  avenue,  and  the  said  lines  extended  norther- 
ly and  southerly  to  the  city  limits. 

Fourteenth,  The  fourteenth  ward  shall  consist  of  all  that  part  of 
said  city  lying  between  the  westerly  line  of  the  Porter  farm  and  the 
westerly  line  of  private  claim  forty-seven,  and  the  said  lines  extended 
northerly  and  southerly  to  the  city  limits. 

Fifteenth  Fifteenth,  The  fifteenth  ward  shall  consist  of  all  that  part  of  said 

Ward. 

city  lying  east  of  the  center  line  of  Mt.  Elliott  avenue,  and  the   said 

line  extended  northerly  and  southerly  to  the  city  limits;  and  the  parcel 

of  land  situate  in  the  Detroit  river  known  as  Belle  Isle. 


Sixteenth 
Ward. 


Sixteenth,  The  sixteenth  ward  shall  consist  of  all  that  part  of  said 
city  lying  west  of  the  westerly  line  of  private  claim  forty-seven,  and 
the  said  lines  extended  northerly  and  southerly  to  the  city  limits.  (As 
amended  by  Act  approved  May  13th,  1S91.) 

(§  5.)    Sec.  5.     Hereafter  the  division  of  said  city  into  wards  as 

Powers  of 

council  to  herein  provided  shall  govern ;  but  the  common  council  of  said  city  shall 

Establish  Elec-  * 

an  Districts.     kave  p0wer  by  ordinance,  to  divide  said  wards  into  election  districts  of 

convenient  size.  The  boundaries  of  each  of  said  districts  shall  be  par- 
ticularly described  in  said  ordinance.  No  district  shall  embrace  parts 
of  two  or  more  wards,  and  each  ward  shall  be  divided  into  at  least 
three  districts.    (As  re-enacted  by  Act  approved  May  13th,  1891.) 

(§  6.)     Sec.  6.     Each  of  said  wards,  fourteen,  fifteen  and  sixteen, 

Aldermen  in 

Si  Wards.  shall  be  entitled  to  two  Aldermen,  and  the  first  election  for  such  al- 
dermen shall  be  held  at  the  next  annual  city  charter  election.  One  of 
said  Aldermen  for  each  ward  shall  be  elected  for  one  year,  and  the 
other  for  two  years.  The  term  of  service  for  which  said  Aldermen 
are  elected  shall  be  designated  on  the  ballots  cast  for  them,  and  there- 


CHARTER    OF   THE   CITY   OF    DETROIT. 


Incorporation:  City  and  Ward  Boundaries.  Chapter  1 


after  Aldermen  shall  be  elected  for  said  wards,  and  they  shall  serve 
in  all  respects  as  is  now  or  may  be  hereafter  provided  for  the  existing 
wards  of  said  city.     Other  ward  officers,  such  as  are  now  provided  for  other  ward 

officers. 

existing  wards,  shall  be  elected  at  said  election  for  said  new  wards, 
whose  term  of  office,  duties  and  powers  6hall  be  the  same  as  those  of 
like  officers  in  existing  wards.  (As  added  by  Act  No.  398,  Session 
Laws  of  1885,  approved  June  20,  1885.) 

(§  7.)    Sec.  7.     The  common  council  shall  provide  all  necessary 

Registration 

means  for  the  registration  of  voters,  and  the  holding  of  an  election  in  and  election. 
said  new  wards  at  the  next  annual  city  charter  election,  in  the  manner 
provided  by  law  in  said  city.     (As  added  by  Act  No.  398,  Session  Laws 
of  1885.) 

(§  8.)     Sec.  8.    This  Act  shall  not  interfere  with  or  affect  the  Assessment 

,  ,,        .  „  _  ,       .     ,  .         on  lands 

assessment  levy,  or  collection  of  any  taxes  assessed  or  levied  during  annexed  to  dt}-. 
the  present  year  on  any  of  the  lands  hereby  detached  from  the  town- 
ship of  Hamtramck  and  Greenfield,  or  the  viilage  of  Highland  Park, 
but  such  taxes  shall  be  assessed  and  collected  in  the  respective  town- 
ships to  which  said  lands  heretofore  belonged,  and  in  said  viilage  of 
Highland  Park,  in  all  respects  as  if  this  Act  had  not  passed,  and  said 
lands  shall  not  be  subject  to  taxation  in  the  city  of  Detroit  until  the 
year  of  our  Lord  one  thousand  eight  hundred  and  ninety-two;  Pro- 
vided, however;  That  all  said  lands  shall,  after  this  Act  takes  effect, 
be  subject  to  local  assessments  for  the  grading  and  paving  of  streets, 
or  for  the  building  of  sidewalks,  drains  or  sewers,  in  the  same  manner 
as  the  other  territory  of  said  city.  (As  amended  by  Act  approved 
May  13th,  1891.) 

(§  9.)     Sec.  9.     The  territory  annexed  to  the   city   of   Detroit  by 

.  .  School  districts 

this  Act  shall  remain  a  part  of  the  school  districts  to  which  it  now  be-  and  taxes  for 

schools, 
longs  until  July  first,  eighteen  hundred   and   ninety-two,   and  school 

taxes  shall  be   levied  and  collected  therein  for  the    year  eighteen 


CHARTER   OF   THE    CITV   OF    DETROIT. 


Chapter  1  Incorporation:  ii  i  \   \m>  Ward  l!oi  nuakihs. 


hundred  and  ninety-one.  From  and  after  the  first  day  of  JulyT 
eighteen  hundred  and  ninety-two,  the  said  territory  so  annexed  shall 
become  a  part  of  the  school  district  of  the  city  of  Detroit  and  entitled 
to  its  proportion  of  the  moneys  appropriated  for  primary  schools  and 
he  district  library  of  said  district.  The  taxable  property  so  annexed 
shall  be  listed  and  assessed  in  making  out  the  assessment  rolls  of  the 
city  of  Detroit  for  the  year  eighteen  hundred  and  ninety-two,  and  in 
determining  the  amount  of  school  taxes  to  be  levied  in  the  city  of 
Detroit  for  the  fiscal  year  commencing  July  first,  eighteen  hundred 
and  ninety-two,  the  school  children  in  the  territory  so  annexed  shall 
be  considered;  and  taxes  may  also  be  levied  for  the  construction  of 
additional  school  buildings  in  said  territory.  On  the  first  day  of  July, 
eighteen  hundred  and  ninety-two,  title  to  all  school  property,  real  or 
personal,  situated  in  the  territory  so  annexed,  shall  be  vested  in  the 
Board  of  Education  of  the  city  of  Detroit,  and  the  school  district  offi- 
cers shall  turn  the  possession  and  control  thereof  over  to  said  Board. 
(As  amended  by  Act  approved  May  13th,  1891.) 

School  districts  (§   10)      SeC-    10-      It;  Sua11  be  the  duty  °f  the  Board  of  School    In- 

ranged,  spectors  of  each  of  said  townships  of  Greenfield  and  Hamtramck,  and 

of  the  Board  of  Trustees  of  said  village  of  Highland  Park,  to  re-ar- 
range the  school  districts  of  said  townships  and  village,  and  to  make 
proper  disposition  of  the  parts  of  the  districts  severed  by  this  act  re- 
maining in  said  townships  or  in  said  village.  The  inhabitants  of  the 
parts  of  said  districts  left  in  said  townships,  and  in  said  village,  shall 
be  represented  by  the  Board  of  School  Inspectors  of  each  township, 
and  the  Board  of  Trustees  of  said  village  respectively,  who  shall  have 
authority  to  adjust  with  the  Board  of  Education  of  the  city  of  Detroit 
the  rights  and  equities  involved  in  each  case.  The  value  of  the  school 
property  and  the  unexpended  school  moneys  shall  be  apportioned  ac- 
cording to  the  assessed  va'ue  of  the  taxable  property  of  the  respective 
parts  of  the  divided  districts,  and  the  Board  of  Education  of  the  city 


CHARTER   OF   THE    CITY   OK   DETROIT. 


Incorporation:  City  and  Ward  Boundaries.  Chapter  1 


of  Detroit  shall  pay  to  such  township  or  village  districts  as  the  Board 

1     J  °  Apportionment 

of  School  Inspectors  of  each  township,  as  the  Board  of  Trustees  of  °ci"0n0eiXmoneys. 
said  village  shall  direct,  the  amount  found  due  from  it  on  such  ap- 
portionment and  adjustment.  In  case  the  Board  of  School  Inspectors 
of  any  township,  or  the  Board  of  Trustees  of  said  village  shall  not  be 
able  to  agree  on  an  adjustment  or  apportionment  in  any  case,  the  same 
maybe  made  by  Commissioners  to  be  appointed  by  the  Circuit  Court 
for  the  county  of  Wayne,  in  chancery,  on  the  bill  or  petition  of  either 
party,  and  said  Court  is  given  jurisdiction  and  authority  to  determine 
any  and  all  questions  that  may  arise  in  carrying  out  the  provisions  of 
this  section,  and  to  grant  such  relief  in  the  premises  as  may  be  equit- 
able.    (As  amended  by  Act  approved  May  13th,  A.  D.  1891. 


CHAPTER     II 


REGISTRATION    AND    ELECTION. 

§  11.     Section  1.     The  city  board  of  registration  of  the  city  of  Gf  whom  city 

board  of  regis  - 

Detroit  shall  be  composed  of  the  chairmen  of  the  several  district  (ration  com- 
posed. 

boards  of  inspectors  of  election,  and  two  other  members  of  each  of 
said  boards  designated  by  the  members  thereof  at  their  first  regular 
meeting,  sitting  as  a  board  of  registration.  (As  amended  by  Act  ap- 
proved June  28,  1887.) 

§  12.     Sec.  2.     In  the  year  eighteen  hundred  and  eighty-four,  Meetings  of 

board  of 

and  every  fourth  year  thereafter,  and  in  all  other  years  in  which  a  re-  registration. 
registration  is  necessary,  the  board  of  registration  shall  begin  its  ses- 
sions for  the  purpose  of  making  a  re-registration  of  the  qualified 
electors  of  each  ward  and  election  district  of  said  city,  on  the  second 
Wednesday  preceding  the  November  election,  so  that  the  days  of 
registration  in  such  years  of  re-registration  shall  be  four,  of  which 
the  second  Saturday  preceding  the  election  shall  be  the  last.  The 
board  of  aldermen  shall,  at  least  two  weeks  before  the  said  meeting  Notice  of 

meeting. 

of  said  district  boards,  cause  a  notice  to  be  published  in  one  or  more 
newspapers  printed  and  published  in  said  city,  that  the  district 
boards  of  registration  will  meet  on  the  days  designated,  to  make  a 
perfect  list,  as  near  as  may  be,  of  all  persons  residing  in  such  ward 
or  district,  qualified  as  electors  under  the  constitution,  and  designat- 
ing the  place  in  the  district  of  each  ward,  where  said  board  will  meet 
for  that  purpose.  And  they  shall  also  cause  handbills  to  be  posted 
in  at  least  five  conspicuous  places  in  each  district  of  each  ward,  con- 
taining a  similar  notice  of  the  time  a^id  place  of  each  meeting  of  the 


14  CHARTER   OK   THE   CITY   OK   DETROIT. 

v         t      I  I  U  '.'.  Ul-C.lsl  KATION    AND   II.  II     ['KIN 


board  for  that  district;  which   notice  shall  also  contain  a  true  copy  of 
tion  one  of  article  seven  of  the  constitution,  relative  to  the  qualifi- 
cations of  electors.     All  sessions  of  the  boards  of  registration  shall  be 

I  >ui  .itionof 

^■ssionsof         from  half-past  seven  o'clock  a.  m.  to  ten  o'clock  p.  m.  continuously 
boards.  J 

each  day,  and  said  boards  shall  be  provided  with  the  proper  blank 
books  for  registering  the  names  of  voters  of  the  forms  heretofore 
used,  and  shall  have  the  same  powers  and  perform  the  same  duties 
as  are  conferred  upon  or  required  of  boards  of  registration  under  the 
laws  of  the  State,  and  the  same  rules  and  requirements  shall  be  ob- 
served in  such  re-registration,  in  all  respects,  as  are  required  by  said 
laws:  Provided,  That  said  board,  or  any  member  thereof,  shall  not 
at  any  time  write  in  the  register  the  name  of  any  person  as  an  elector, 
without  a  request  made  by  such  person  in  the  presence  of  said  board 
When  registry    at  tue  "me  aQd  place  of  registration.     When  such  registration  shall 

completed, 

former  registry  be  completed,  the  former  registry  of  electors  in  such  wards  or  dis- 

invalid. 

tricts  shall  henceforth  be  deemed  invalid,  and  shall  not  be  used  at 
the  ensuing  elections;  and  no  person  shall  vote  at  any  public  election 
in  said  wards  or  districts,  after  such  re-registration,  whose  name  shall 
not  be  registered  anew,  under  the  provisions  of  this  section,  except 
such  persons  as  were  absent  from  the  city,  or  sick  during  the  entire 
sessions  of  said  district  boards,  and  who  shall  then  qualify  according 
to  law.     (As  amended  by  Act  approved  June  19,  1889.) 

Meetings  of  §  13.     Sec.  3.      On  the  second  Thursday,  Friday  and   Saturday 

district  Doards 

of  registration,  next  preceding  the  general  election,  and  on  the  second  Friday  and 
Saturday  next  preceding  the  annual  city  elections  of  the  city  of  De- 
troit, in  every  year  other  than  that  for  which  a  re-registration  of 
voters  is  provided  for,  and  not  afterwards,  and  on  the  second  Friday 
and  Saturday  next  preceding  the  spring  elections,  the  district  beards 
of  registration  of  said  city  shall  be  in  session  in  their  respective  dis- 
tricts, at  such  places  as  shall  be  designated  by  the  board  of  aldermen, 
from  ten  o'clock  in  the  forenoon  to  eight  o'clock  in  the  afternoon  of 


CHARTER    OF   THE   CITY   OF    DETROIT.  15 


REGISTRATION    AND    ELliCTION. 


each  of  said  clays,  without  intermission.  The  common  council  shall 
cause  like  notice  of  such  sessions  to  be  given  as  is  provided  in  the 
preceding  section.  At  the  sessions  of  said  district  boards  provided 
for  in  this  section,  they  shall  review  and  complete  the  list  of  qualified 
voters  as  provided  by  law;  and  in  order  to  prevent,  so  far  as  possible, 
the  blotting,  mutilation,  or  disfigurement  of  said  registration  of 
electors,  it  is  enacted  that  no  name  shall  be  entered  in  said  registers 
excepting  in  the  handwriting  of  one  of  the  board  of  registration,  and 
then  only  by  direction  of  the  proper  board  during  its  session;  and  no 
member  of  said  board  shall  write  or  make  any  entry  in  said  register 
excepting  the  same  be  permitted  by  law,  and  no  other  person  shall 
make  any  entry  or  mark  whatever  therein,  excepting  inspectors  of 
election,  as  provided  by  this  act,  and  such  other  persons  as  may  be 
authorized  by  the  laws  of  the  United  States  or  of  the  State  of  Michi- 
gan: Provided,  That  any  elector  desiring  to  enter  his  name  in  his  Proviso 
own  handwriting,  may  do  so,  if  the  board  shall  have  decided  that  such 
elector  is  entitled  to  be  registered;  but  when  any  person  shall  have 
ceased  to  be  an  elector  of  any  ward  or  election  district,  the  board  of 
registration  of  such  ward  or  district,  at  its  session,  may  note  the  fact 
in  red  ink  across  the  name  of  said  elector,  in  addition  to  the  marks 
provided  to  be  set  opposite  his  name  by  law.  No  name  shall  be 
entered  in  said  registers  except  upon  the  personal  application  at  the 
time  and  place  of  registration,  of  an  elector  desiring  his  name  to  be 
registered,  and  upon  due  examination  made  as  required  by  law.  The 
district  board  of  registration  in  each  ward  and  district  shall  require 
each  applicant  for  registration  to  state  whether  he  has  previously 
been  registered  in  or  resided  in  any  other  ward  or  district.  Each 
board  shall  make  a  separate  list  of  the  new  registrations  made  at  their 
sessions,  particularly  specifying  in  such  lists  those  who  have  previ- 
ously resided  or  been  registered  in  any  other  ward  or  district,  noting 
the  previous  place  of  residence  of  such  person,  and  shall  deliver  such 


ID  CHARTER   OF    THE   CITY   OE   DETROIT. 

Chapter  '.'  registration  and  election. 


Beparate  lists  to  the  city  board  of  registration  at  its  session  hereafter 
l>i,>\  ided  to  be  held.     (As  amended  by  Act  approved  June  19,  1889.) 

Registration  (§   14.)     Sec.  4.     The  city  board  of  registration  shall  assemble  at 

Board  to  meet 

the  common  council  chamber  in  the  said  city  of  Detroit  on  the  Mon- 
i.  hamber  to  J 

day  next  preceding  any  election  to  be  held  in  said  city,  excepting 
special  elections  held  for  election  of  ward  officers,  at  nine  o'clock  in 
the  forenoon.  On  the  organization  of  said  city  Board,  by  the  appoint- 
ment of  a  chairman  and  clerk,  said  city  Board  shall  proceed  to  examine 
the  register  of  electors  of  the  several  wards  and  districts  of  said  city;  said 
Board  may  correct  any  errors  appearing  therein,  but  no  new  name 
shall  be  added  thereto,  or  marked  so  as  to  indicate  that  any  person 
has  ceased  to  be  an  elector  in  any  ward  or  district  excepting  as  pro- 
vided in  this  section.  Whenever  said  Board  shall  find  that  any  per- 
son is  registered  in  two  or  more  wards  or  districts  of  said  city,  the 
Board  shall  ascertain  the  ward  or  district  in  which  such  person  is  en- 
titled to  be  registered,  and  shall  indicate  in  the  register  of  any  other 
ward  or  district  the  fact  that  such  person  is  not  entitled  to  vote  in 
such  other  ward  or  district,  retaining  the  name  of  such  person  in  the 
ward  or  district  in  which  suGh  person  is  entitled  to  vote. 

Electors  absent         (S  15.)     Sec.  5.     When  any  person  shall  apply  to  the  Inspectors 

or  sick. 

of  any  election,  excepting  special  elections  for  ward  officers,  in  said 
City  of  Detroit,  who  has  not  been  registered,  to  be  registered  by  said 
Inspectors,  alleging  that  he  was  absent  or  sick  during  the  then  last 
session  of  the  district  Board  of  Registration  of  the  ward  or  district, 
said  Inspectors  shall  require  such  applicant  to  state,  on  oath,  that  he 
was  absent  from  the  City  of  Detroit  during  said  session,  or  sick  and 
unable  to  attend  said  session. 

Board  of  Regi-  (§  1G.)     Sec.  G.      Whenever  the  Common  Council   of  said  city 

stration  in 

eYcm    ons>CCial    sua^  order  a  special  election  to  be  held  in  any  of  the  wards  of  said 
city  for  election  of  ward  officers,  said  Council,  by  resolution,  shall 


CHARTER   OF    THE    CITY   OF   DETROIT.  17 


REGISTRATION  AND  ELECTION. 


direct  the  Board  of  Registration  that  last  held  its  session  in  such 
ward  to  review  and  complete  the  list  of  qualified  electors  of  such  ward, 
on  a  day  and  at  a  place  to  be  named  in  such  resolution.     Notice  of  the  Notice  of 

J  Meeting,  etc. 

time  and  place  of  the  session  of  said  Board  shall  be  published  in  at 
least  one  of  the  daily  newspapers  published  in  said  city,  for  at  least 
four  successive  days  prior  to  such  session.  It  shall  not  be  necessary 
to  insert  in  such  notices  the  names  of  registered  electors,  or  post 
handbills  containing  the  same,  as  in  the  case  of  general  or  charter 
elections.  The  provisions  of  this  act,  or  so  much  thereof  as  may  be 
applicable,  shall  govern  and  regulate  the  action  of  said  Board,  each 
member  thereof,  and  all  otheir  persons,  in  reviewing  and  completing 
the  register  of  electors  at  such  session.  In  case  there  is  a  vacancy  in 
the  then  Board  of  Registration  for  such  wards  and  districts,  the 
Common  Council  shall  fill  the  same. 

(§    17.)    Sec.  7.     All  the  provisions  of  the  general  laws  of  the  .  Laws 

State  relative  to  the  powers  and  duties  of  the  Bo.irds  of  Registration  apply. 
and  election,  and  all  requirements  and  provisions  of  said  laws  relative 
to  the  conduct  of  registration  and  election,  shall  apply  and  be  in  full 
force  in  the  city  of  Detroit,  excepting  as  the  same  shall  be  altered  or 
amended  by  this  Act. 


CHAPTER   III. 


CITY     ELECTIONS. 


(§  18.)  Section  1.  The  annual  city  election  shall  be  held  on  the  Annual  election 
first  Tuesday  after  the  first  Monday  of  November  in  each  year  ;  and 
on  the  3'ears  in  which  a  general  election  is  held,  the  city  election  shall 
be  Leld  and  conducted  in  connection  with  such  general  election,  and 
by  the  same  officers.  The  places  of  holding  the  elections  in  the  sev- 
eral wards  and  election  districts  in  the  city  shall  be  designated  by  an 
order  of  the  board  of  aldermen  at  least  twenty  days  previous  to  any 
election  to  be  held.  It  shall  be  the  duty  of  the  city  clerk,  within  Notice  of. 
three  dajrs.  after  the  date  of  any  such  order,  to  give  notice  of  such 
election  in  at  least  two  daily  newspapers  published  in  said  city,  which 
notice  shall  be  continued  daily  (except  Sundays)  in  such  papers  to  and 
including  the  day  of  election.  Such  notice  shall  specify  the  officers 
to  be  chosen,  the  day  on  which  the  elections  [election]  is  to  be  held 
the  time  for  opening  and  closing  the  polls,  and  the  place  in  each  elec- 
tion district  where  the  polls  are  to  be  held.     The  provisions  of  this 

Places  o! 

section  shall  also  govern  the  matter  of  the  April  elections  to  be  held  holdin£- 
in  each  alternate  year,  and  in  special  elections.  The  common  council 
shall  provide  a  suitable  place  in  any  election  district,  to  be  held  and 
controlled  by  the  city,  for  holding  the  elections  in  such  district ;  but 
no  election  shall  be  held,  nor  shall  any  election  be  appointed  to  be 
held  in  any  saloon  or  bar-room,  or  in  any  room  or  place  contiguous 
with  or  adjoining  thereto,  and  should  any  place  be  designated  or  ap- 
pointed for  holding  an  election  in  violation  hereof,  or  become  subject 
to  such  interdiction  after  having  been  so  designated,  the  inspectors  of 


CHARTER   OF   THE   CITY  OF  DETROIT. 


Cfl  W1KK    8.  H  H      II   K    I  IONS. 


election  shall  have  power,  and  it  shall  be  their  duty,  on  or  before  the 
day  of  such  election,  and  before  the  opening  of  the  polls  on  such  day, 
to  procure  a  suitable  place  as  near  thereto  as  may  be,  not  subject  to 
like  interdiction.  Said  inspectors  shall  meet  at  the  place  first  desig- 
nated at  the  time  for  opening  the  poll,  and  after  any  vacancies  in 
their  number  shall  have  been  filled,  adjourn  to  the  place  so  chosen  by 
them,  and  at  the  time  of  said  adjournment  give  public  notice  to  the 
electors  present  by  proclamation  of  such  change,  and  of  the 
place  where  such  election  shall  be  held,  and  by  posting  at 
such  place  a  conspicuous  notice  of  such  change,  and  all  ex- 
pense attending  such  change  shall  be  certified  by  said  inspectors 
to  the  common  council,  and  shall  be  allowed  and  paid 
accordingly.     Any  person  or  persons  introducing  in  any  way  upon 

Introduction   or 

use  of  liquors     election  day  into  the  place  where  an  election  is  being  held,  any  spirit- 
in  places  where  j  e  o  ■>        j     r 

belngheld'*      uous  or  malt  liquors,  and  any  inspector  or  clerk  of  election  drinking 

any  such  liquors  in  such  place,  or  being  intoxicated  therein  upon 

« 
election  dav,  shall  be  deemed  guilty  of  a  misdemeamor,  and  upon 

conviction  thereof  before  any  court  of  competent  jurisdiction,  shall  be 
punished  by  a  fine  not  exceeding  one  hundred  dollars,  or  by  imprison- 
ment not  exceeding  sixty  days,  or  by  both  such  fine  and  imprison- 
ment in  the  discretion  of  the  court.      (As  amended  by  Act  approved 

June  28,  1887.) 
inspectors  of  (§  19.)     Sec.  2.     There  shall  be  elected  in  and  for  each  election 

election. 

district  in  the  city  of  Detroit  five  qualified  electors  of  such  district,  at 
the  times  and  in  the  manner  hereinafter  provided,  who,  with  one  of 
the  aldermen  of  such  ward,  or  such  person  as  the  common  council  may 
designate,  as  hereinafter  provided,  shall  constitute  a  board  of  inspect- 
ors of  election  for  such  election  district.  Such  inspectors  shall  be 
elected  by  ballot,  ae  hereinafter  provided,  at  the  annual  election  in 
November  of  each  year.  Upon  being  so  elected  they  shall  qualify  by 
filing  with  the  city  clerk  the  constitutional  oath  of  office,  and  shall 
hold  their  said  office  for  one  year  and  until  their  successors  are  elected 


CHARTER   OF    THE    CITY   OF    DETROIT. 


CITY  ELECTIONS.  CHAPTER   3 


and  qualified,  and  any  vacancy  in  their  number,  caused  by  failure  or  Vacancies  in 
inability  to  elect  by  ballot,  as  hereinafter  provided,  or  by  removal  or 
death,  may  be  rilled  for  the  remainder  of  said  term  by  the  electors 
present  by  viva  voce  vote,  at  the  opening  of  the  polls  at  any  general  or 
special  election,  and  any  vacancy  caused  by  sickness  or  absence  may 
in  like  manner  be  filled  for  the  time  being  upon  the  opening  of  the 
polls  at  any  general  or  special  election*  (as  amended  by  Act  approved 
June  28,  1887.) 

(§  20.)     Sec.  8.     In  all  elections  for  inspectors  to  be  elected  at  the 

Manner  of 

annual  election  as  above  provided,  no  ballot  shall  contain  nor  shall  ?lecting 

r  '  inspectors. 

any  elector  uote  for  more  than  three  candidates,  and  from  the  whole 
number  of  votes  cast  the  five  inspectors  receiving  the  highest  number 
shall  be  declared  elected.  (As  amended  by  Act  approved  June  28, 1887.) 

(S  21.)     Sec.  4.     The  common  council  shall,  at  least  two  weeks  _,    . 

"  Chairman  of 

previous  to  each  general  election,  assign  and  designate  the  aldermen  Spectors  and 

registration. 

from  each  ward  to  election  districts  therein,  and  shall  at  the  same 
time  appoint  a  suitable  person,  who  shall  be  a  qualified  elector  in  the 
district  to  each  of  the  other  districts  in  said  city,  and  the  alderman 
and  person  so  appointed  shall  respectively  be  the  chairman  of  the 
board  of  inspectors  and  of  registration  in  their  respective  districts  ; 
and  such  chairman,  with  the  five  inspectors  elected  under  the  pro- 
visions of  this  act,  shall  be  and  constitute  the  board  of  inspectors  of 
such  election  district  and  e\-oj[}icio  the  board  of  registration  therein, 
until  their  successors  are  elected  and  qualified  as  herein  provided. 
Each  board  of  inspectors  shall  have  power  to  appoint  two  or  more 

Clerks  of 

competent  clerks  of  election,  who  shall  tako  the  same  oath  as  the  in-  election- 
spectors,  which  oath  either  of  the  inspectors  may  administer.     Any 

Vacancy  in 

vacancy  occurring  in  the  chairmanship  of  any  district  board  by  death  office  of  chair" 

J  man  of  board. 

•or  removal  from  such  district,  may  be  filled  by  the  common  council ; 
♦See  note  1,  appendix. 


CH  \KTi  k    OF    THE   CITY   OF    DETROl  D. 


ChaptkrS. 


or  in  case  of  neglect  or  refusal,  or  in  case  of  a  vacancy  from  any  other 

cause,  the  same  maybe  filled  by  the  electors  present  by  a  viva  voa 
vote  at  the  opening  of  the  polls  at  any  general  or  special  election,  lu 
all  cases  of  filling  a  vacancy  or  vacancies  by  viva  voce  vote  of  the 
electors  under  this  act,  upon  the  chairman  of  the  board  of  inspectors, 
or  in  case  of  his  absence,  any  member  of  said  board  designated  by  the 
inspectors  present,  declaring  that  the  time  for  opening  the  polls  has 
arrived,  the  qualified  electors  present  may  proceed  to  rill  such  vacancy 
or  vacancies,  and  the  persons  so  chosen  shall  qualify  and  take  their 
seats,  when  the  polls  shall  formally  be  declared  open  (as  amended  by 
Art  approved  June  28,  1887.) 

(§  22.)  Sec.  5.  On  the  day  of  election,  after  the  full  number 
provided  for  in  said  board  shall  have  been  elected  as  above,  and  be- 
fore opening  the  polls,  said  board  shall  designate  three  of  their  num- 
ber, with  one  or  more  clerks,  to  act  as  special  registers  in  said  district, 
as  herein  provided.  Upon  being  so  designated,  said  members  shall, 
at  some  proper  and  convenient  place  in  the  same  room,  assemble,  and 
in  a  book  specially  provided  for  such  purpose,  proceed  to  register  any 
c  aualified  voter  of  such  district  upon  the  personal  application  of  such 

Registration  of     i 

tqoUrasUofin Election  person,  whom  they  shall  require  to  state,  in  writing,  that  he  was  ab- 
sent from  the  city  of  Detroit  during  the  sessions  of  the  board  of  regis- 
tration  for  said  year,  where  he  was  during  the  time  of  such  session, 
and  the  business  in  which  he  was  engaged,  or  that  he  was  sick  and 
unable  to  attend  such  session,  which  statement  shall  be  subscribed 
and  sworn  to  by  such  applicant  before  one  of  said  inspectors,  each  of 
whom  shall  have  authority  to  administer  such  oath.  Such  statement 
shall  be  made  and  kept  in  a  book  provided  specially  for  such  purpose, 
which  shall  be  deposited  with  the  city  clerk.  If  any  person  shall 
'  willfully  make  and  swear  to  a  false  statement,  in  whole  or  in  part,  for 

Fa'se  swearing 

the  purpose  of  being  registered  under  this  section,  he  shall  be  deemed 
guilty  of  perjury  and  be  punished  accordingly.     Said  board  of  regis- 


CHARTER   OF   THE   CITY   OF   DETROIT.  23 


CITY  ELECTIONS.  CHAPTER   $ 


ters  shall   for  the  purposes  of  this  section  remain  in   session  until  j^|°n  of 
twelve  o'clock,  noon,  of  said  day,  but  no  longer.     Any  person  regis-  Who  entitled 

to  vote. 

tered  in  accordance  with  the  provisions  of  this  section  shall  be  entitled 
to  vote  at  such  election.  Xo  person  shall  be  allowed  or  permitted  to 
vote  who  has  not  been  duly  registered,  either  under  the  provisions  of 
this  section,  or  the  general  laws  relating  to  registration  (as  amended 
by  Act  approved  June  28,  1887.) 

(§  23.1     Sec.  6.     The  polls  of  election  shall  be  °Pened  at  eiShtTime  for  open. 
o'clock  in  the  forenoon,  or  as  soon  thereafter  as  may  be,  on  the  day  of  of^oils. 
election,  and  shall  be  continued  open  until  five  o'clock  in  the  after- 
noon of  the  same  day,  and  no  longer. 

S24)     Sec.  7.     The  qualifications  of  electors  under  this  act  shall  . 

vB    ~rc/      kj^vy.  !  Qualifications 

be  those  prescribed  in  the  laws  and  constitution  of  this  State  and  the  ° 
United  States  :    Provided,  however,  That  women  of  or  above  the  age  Proviso, 
of  twenty-one  years  shall  be  entitled  to  vote  for  school  inspectors, 
subject   only   to  the   same   qualifications   and   regulations   as   those 
governing  the  voting  of  male  citizens  for  said  officers*  (as  amended 
by  Act  approved  March  13,  1889  ) 

(§  25.)  Sec  8.  If,  at  any  election,  a  vote  shall  be  challenged,  Challenging- 
either  of  the  inspectors  of  election  shall  be  authorized  to  swear  or 
affirm  the  person  whose  vote  is  challenged,  to  answer  such  questions 
as  may  be  put  to  him  touching  his  qualifications  as  an  elector,  and  said 
inspectors  shall  decide  from  such  examination  as  to  the  legality  of 
such  vote. 

(£  26.)     9ec.  9,      I!'  any  person  thus  sworn  or  affirmed,  shall  will-  Punishment 

for  false 

fully  swear  or  affim  falsely  as  to  any  material   matter  concerning  his  Sl«';11  '"- 
qualifications  as  an  elector,  of  said  city,  he  shall  be  deemed  guilty  "1 
perjury,  and  may  be  prosecuted  therefor  ;  and,  on  conviction  thereof, 
♦See  note  •-',  appendix. 


CHARTER   OF   THE   CITY   OF   DETROIT. 


Ch  vptbh  8. 


CITJ    III'    I  1'iN--. 


Punishment 
roting  more 
than  once. 


Manner  of 
conducting 
elections. 


Proviso. 


Canvass  of 
ballots  and 
return. 


be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  imprison 
ment  at  hard  labor  in  the  state  prison  for  a  period  not  exceeding  five 
years,  or  both,  in  the  discretion  of  the  court. 

for  (§  27.)  Sec.  10.  If  any  person  shall  vote  in  more  than  one  ward 
or  district,  or  more  than  once  in  the  same  ward  or  district,  at  any 
election  in  said  city,  he  may  be  prosecuted  therefor,  and,  on  convic- 
tion, maj-  be  punished  by  a  fine  not  exceeding  rive  hundred  dollars,  or 
imprisonment  at  hard  labor  in  the  state  prison  for  a  period  not  ex- 
ceeding three  years,  or  both,  in  the  discretion  of  the  court. 

(§  28.)  Sec.  11.  The  manner  of  conducting  and  voting  at  elec- 
tions to  be  held  under  this  act,  the  keeping  of  the  poll-list,  canvassing 
of  the  votes,  certifying  the  returns,  and  all  other  proceedings  connected 
witli  such  elections  shall  be  the  same  as  nearly  as  may  be,  as  is  now 
or  hereafter  may  be  provided  for  by  the  laws  of  this  State,  applicable 
to  general  State  elections,  except  as  may  be  otherwise  provided  iu  this 
act:  Provided,  That  the  names  of  all  school  inspectors  to  be  voted  for 
at  any  election  shall  be  upon  a  separate  ticket  or  ballot  and  said  tick- 
ets or  ballots  shall  be  deposited  by  the  inspectors  of  election  in  a 
separate  ballot  box  provided  for  that  purpose,  and  the  clerks  of  elec- 
tion shall  make  a  separate  poll-list  containing  all  the  names  of  women 
voting  at  said  election  (as  amended  by  Act  approved  March  13,  1889.) 

(§  29.)  Sec.  12.  At  two  o'clock  in  the  afternoon  on  each  elec- 
tion day  said  board  of  inspectors  shall  designate  three  of  their  num- 
ber, with  one  or  more  clerks  appointed  by  said  board  for  such  pur- 
pose, to  open  the  ballot  box  or  boxes  into  which  the  ballots  for  officers 
shall,  up  to  that  time,  have  been  deposited,  and  who  shall  imme- 
diately proceed  to  canvass  the  votes  therein,  and  upon  closing  the 
polls,  all  of  said  inspectors  shall  immediately  proceed,  before  recess 
or  adjournment,  to  complete  the  canvass  of  all  votes  cast,  publicly 
announce  the  result,  and  certify  full   and  true   returns   thereof  in 


CHARTER   OF   THE   CITY   OF   DETROIT.  25 

CITY  ELECTIONS.  CHAPTER   3 


•duplicate  under  their  hands,  and  return  the  ballots  to  the  boxes  and 

carefully  fasten  and  seal  the  same.     One  copy  of  such  returns  shall  £,°^  delivered 

i   •  i  r     ..  -i      ,  ■.  »  to  citv  clerk. 

be  placed  in  an  envelope,  carefully  sealed,  and  the  names  of  all  the 
inspectors  present  written  across  the  back  of  the  envelope  in  such 
manner  that  the  same  cannot  be  opened  without  breaking  such  seal, 
and  otherwise  defacing  such  envelope  and  signatures,  and  such  en- 
velope containing  the  returns  shall  be  directed  to  the  city  clerk,  and 
shall  have  the  name  or  number  of  the  election  district  thereon,  and 
shall  then,  together  with  the  poll-lists  and  keys  of  the  ballot  boxes,  by 
any  two  members  of  the  board  designated  for  that  purpose,  be  taken 
directly  from  such  polling  place  to  the  office  of  the  city  clerk,  who 
shall  keep  his  office  open  until  the  returns  from  all  the  election  dis- 
tricts shall  have  been  received,  and  there  delivered  by  such  inspectors 
to  said  clerk  or  one  of  his  deputies,  who  shall  observe  whether  such 
envelope  has  been  tampered  with,  and  such  clerk  or  his  deputy,  upon  Endorsement 

on  returns  by 

receiving  the  same,  shall  endorse  thereon  over  his  official  signature  cltyclerk' 
the  names  of  the  inspectors  from  whom  he  received  such  returns,  and 
the  time  he  received  the  same,  and  whether  the  same  are  in  apparent 
good  order,  and  shall  thereupon  deposit  the  same  in  a  safe  and  secure 
place  in  his  office,  where  such  returns,  poll-lists  and  keys  shall  remain 
until  the  meeting  of  the  board  of  canvassers,  when  such  returns,  un- 
opened, shall  be  delivered  to  said  board.     The  other  copy  or  dupli- copy  of  return 

to  be  delivered 

cate  of  such  returns  shall  be  placed  in  an  envelope,  sealed  and  signed  to  county  clerk. 

in  like  manner,  and  addressed  to   the  county  clerk,  and  delivered  to 

two  other  inspectors  designated  for  such  purpose,  who  shall  proceed 

directly,  but  not  in  company  with  the  inspectors  carrying  the  returns 

to  the  city  clerk,  to  the  office  of  the  county  clerk,  who  shall  keep  his 

office  open  until  the  returns  from  all  the  election  districts  shall  have 

been  received,  and  there  delivered  by  such  inspectors  to  said  clerk  or 

one  of  his  deputies,  who  shall  observe  whether  such  envelope  has  Endorsement 

on  returns  by 

been  tampered  with,  and  such  clerk  or   his  deputy,  upon  receiving  county  clerk." 


CHARTER   OV   THE   CITY   OF    DETROIT. 


.  M  \    ELECTIONS. 


the  s;mii\  shall  endorse  thereon,  over  his  official  signature,  the  name8 

of  the  inspectors  from  whom  he  received   such  returns,  ami  the  time 

he   received  the  same,  and  whether  the  same  are  in   apparent  good 

order,  and  shall  thereupon  deposit  the   same  in  a  safe  and  secure 

place  in  his  office,  where  such  returns  shall  remain  unopened  until 

the  meeting  of  the  board  of  canvassers,  when   such  returns  shall  be 

delivered  to  said  board.     Any  one  or  more  electors  present  at  the 

polling  place  in  any  election   district  shall  have   the  right  to  accom- 

pany  the  inspectors  designated  to  so  deliver  such  returns  from  the 

Certain  actsof    polling  place  to  the  city  or  county  clerk's  office.     And  should  said  in- 
inspectors  a         r  ° 

neanor.  Spectors  or  either  of  them  prevent  or  attempt  to  prevent  such  electors 
from  so  accompanying  them,  or  evade  or  attempt  to  evade  such  elect- 
ors, or  stop  at  any  place  on  the  way  from  such  polling  place  to  said 
city  or  county  clerk's  office,  without  apparent  necessity  therefor,  he 
or  they  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  punished  accordingly.  Said  inspectors  upon  re- 
,  ion  of    turning  the  ballots  to  the  boxes,  and  fastening  and  sealing  the  same, 

ballots  and 

boxes  at  the       shall  thereupon  deliver  the  same  to  a  member  of  the   Metropolitan 

close  i  if 

election.  police,  who  shall  be  sent  to  the  polling  place  by  the  superintendent 

of  the  police  force  for  the  purpose  of  receiving  the  same,  who  shall 

forthwith  convey  said  ballot  boxes  to  police  headquarters  and  there 

deliver  them  to  the  said  superintendent  or  some  member  of  said  force 

specially  designated  by  said  superintendent  to  receive  the  same,  and  the 

said  boxes  when  so  received  shall  be  deposited  by  said  superintendent 

or  person  so  receiving  the  same  in  some  safe  place  and  shall  remain 

in  the  custody  of  said  superintendent  for  six  months  thereafter,  when 

How  boxes        the   ballots  therein  may  be  taken   out  and   destroyed.      Whenever 
may  be  pro- 
count  of  ballots,  within  such  period  any  court  of  competent  jurisdiction,  board  of  can- 
vassers or  other  competent  authority,  shall  require  such  ballot  boxes  for 
the  purpose  of  having  or  making  a  re-count  of  the  ballots  therein  con- 
tained for  any  one  or  more  candidates,  the  said  superintendent  shall, 


CHARTER   OF    THE   CITY   OF   DETROIT.  27 

CITY  ELECTIONS.  CHAPTER  3 


upon  proper  demand  or  request  in  writiDg,  send  such  box  or  boxes 
as  may  be  required  by  one  or  more  of  the  Metropolitan  police  to  the 
court  or  board  so  entitled  thereto.  But  such  box  or  boxes  shall  not  be 
taken  from  the  custody  of  such  member  or  members  of  the  police 
force  except  to  open  the  same  and  count  the  ballots  therein  in  his  or 
their  presence,  and  upon  such  count  being  made  the  ballots  shall  be 
returned  to  the  box  or  boxes  from  which  they  were  taken,  duly 
locked  and  sealed,  and  said  boxes  then  be  conveyed  back  by  the  mem- 
bers in  charge  to  such  superintendent.     It  shall   be  the  duty  of  the 

Appointment 

common  council  of  the  city  of  Detroit,  during  the  month  of  Septem-  °*r^  ^^ 
ber,  one  thousand  eight  hundred  and  eighty-seven,  to  appoint  three 
qualified  electors  in  each  election  district  in  said  city,  one  of  whom 
shall  be  an  alderman,  so  far  as  may  be,  who  shall  constitute  the  board 
of  registration,  and  also  act  as  inspectors  of  election  in  each  election 
district,  until  their  successors  are  elected  and  qualify  under  this  act: 

Provided,  however,  That  at  the  annual  election  to  be  held  in   Novem- 

•  Proviso, 

ber,  eighteen  hundred  and  eighty-seven,  at  tbe  opening  of  the  polls, 

the  electors  present  shall,  in  each  election  district,  by  viva  voce  vote, 
choose  three  qualified  electors  of  such  district,  who  with  said  mem- 
bers of  the  board  of  registration  shall  constitute  and  be  the  board  of 
inspectors  of  election  in  and  for  such  district  at  said  eleciion,  and  all 
the  provisions  of  this  act  relative  to  three  of  said  inspectors  acting  as 
special  registrars  and  to  the  canvassing  and  returns  to  be  made,  shall 
apply  to  and  govern  said  board  of  inspectors  so  appointed  and  elected 
under  this  section.     (As  amended  by  Act  Approved  June  28,  1887.) 

(§30.)  Bec.  13.  Special  elections  shall  be  conducted  as  near  as 
may  be  in  the  same  manner  as  general  elections,  but  in  such  cases  ^ p°enc<'"1ct  o£  • 
the  returns  of  the  inspectors  shall  be  opened  and  canvassed,  and  the 
result  declared  by  the  common  council  at  a  seasion  to  be  held  for  that 
purpose  on  the  Saturday  next  after  the  election,  at  three  o'clock  in 
the  afternoon.     (As  amended  by  Act  approved  June  2,  1887.) 


CHARTEK   OF   THE   CITY   OF   DETROIT. 

CHAPTKK  3.  CITY    El    E(    Mn\v. 


(§  81.)  SJEC.  11.  If  any  person  be  voted  for  at  any  election  to 
611  a  vacancy,  or  residue  of  a  tern,  the  ballot  of  the  electors  shall 
designate  such  vacancy  or  residue. 

lv '"  (§82.)    Sec.  15.     In  the  canvass  of  votes,  any  person  who  has  re- 

i  '.in.  ■ 

ceived  a  plurality  of  the  votes  for  any  office  shall  be  declare     duly 
elected  to  such  office. 

(§  33.)  Sec.  16.  When  two  or  more  persons  shall  have  an  equal 
number  of  votes  for  the  same  office,  the  election  shall  be  determined 
by  the  drawing  of  lots  in  the  presence  of  the  common  council.  The 
name  of  each  of  such  persons  shall  be  written  on  separate  slips  of 
paper,  and  each  slip  deposited  in  a  box  or  other  proper  place, and  the 
president  of  the  common  council  shall  draw  out  of  said  box  or  other 
place,  in  the  usual  manner  of  determining  by  lot,  one  of  said  slips, 
and  the  person  whose  name  is  thereon  shall  be  deemed  entitled  to  hold 
the  office  for  which  he  received  said  votes  in  the  same  manner  as 
other  officers  duly  elected.  (As  amended  by  Act  approved  June  2, 
1887.) 

State  and  (§  34.)    Sec.  17.     The  mode  of  conducting   all,  state,   congres- 

County 

elections.  sional  and  county  elections  in  said  city  shall  be  in  the  manner  herein 

provided  for  the  election  of  the  city  officers,  except  that  the  returns 
Returns  to  be    thereof  shall  be  made  to  the  county  clerk,  and  the  same  proceedings 

made  to  the 

county  clerk,      had,  as  near  as  may  be,  as  are  now,  or  hereafter  may  be  provided  by 
law  for  the  return  of  votes  by  township  inspectors  of  election. 

(§  35.)     Sec.  18.     No  person  entitled  to  vote  at  any  election,  held 

Privileges  from 

«cmda°n  eleC     under  this  act,  shall  be  arrested  on  civil  process  within  said  city  on 
the  day  on  which  such  election  is  held. 


CHARTER     IV. 


OFFICERS,    WHO    ELECTED     OR     APPOINTED,    QUALIFICATIONS,     BONDS, 
OFFICIAL   TERMS,   REMOVAL,   VACANCIES,   ETC. 

(§  36.)     Section  1.     There  shall  be  elected  at  the  annual  citv  Elective 

officers,  terms 

election,  by  the  duly  qualified  electors  of  the  whole  city,  the  follow-  of  office  of'  etc- 
ing  officers  of  the  corporation  on  a  general  city  ticket,  viz:  A  mayor 
and  city  attorney,  who  shall  hold  their  office  [offices]  for  the  term  of 
two  years,  and  a  city  clerk,  who  shall  hold  his  office  for  the  term  of 
two  years,  beginning  on  the  second  Tuesday  of  January  next  succeed- 
ing their  election,  and  a  treasurer,  whose  term  of  office  shall  be  two 
years,  beginning  on, the  first  day  of  July  next  succeeding  his  election. 
There  shall  be  elected  at  the  spring  election  in  every  alternate  year 
six  school  inspectors,  to  hold  office  for  four  years,  beginning  on  the 
first  day  of  July  following  their  election.  There  shall  be  four  jus- 
tices of  the  peace  in  and  for  said  city,  who  shall  hold  their  offices, 
possess  the  same  jurisdiction  and  powers,  subject  to  the  act  of  the 
legislature  establishing  a  police  court  of  the  city  of  Detroit,  and  be 
subject  to  the  same  duties  and  liabilities  as  provided  by  the  general 
laws  of  this  State,  or  any  special  act  of  the  legislature  relating  to  jus- 
tices of  the  peace.  At  said  annual  election  one  alderman  and  one 
constable  shall  be  elected  in  each  ward,  the  former  for  a  term  of  two 
years  and  the  latter  for  a  term  of  one  year  from  the  second  Tuesday 
of  January  next  succeeding  such  election.  There  shall  be  elected  a 
a  recorder  as  hereinafter  provided.  (As  amended  by  Act  approved 
June  2d,  1887.) 


CI!  VRTEK   OF    Tin     CITV   OF    DETROIT. 


s       WHO  II  l  i    i  mi,  OR    APPOINTED,  Ql    VLU  [(    VTIONS,   ETC. 


Officers  (§  37.)    Sic.  2.    The  following  officers  phall  be  appointed  by  the 

pointed  on 

nominationof    C(,mmon  council  on  the  nomination  of  the  mayor,  viz:    A  controller, 

mayor,  term  ol 

three  city  assessors,  who  shall  be  known  as  the  board  of  assessors,  a 
receiver  ol   taxes  and  a  city  counselor,  who  shall  be  a  a  practicing 

attorney,  and  whose  term  and  duties  of  office  and  compensation  shall 
be  prescribed    by  the  common  council,  wbo  shall  hold  their  office 
[offices]  for  the  term  of  three  years,  respectively,  beginning  on  the 
first  day  of  July  in  each  ease:    Provided,  That  the  board  of  assessors 
shall  be   non-partisan,  and  the  first  three  shall  be  composed  of  the 
present  city  assessors  for  their  respective  terms,  and  annually  there- 
after one  member  for  the  full  term  of  three  years.    Also  the  following 
boards,  to  hold  their  respective  offices  as  now  provided  by  the  several 
acts  relating  to  each  board,  viz:     A  board  of  public  works,  to  be  com- 
posed of  three  members;  a  board  of  water  commissioners,  of  five 
members;  a  board  of  inspectors  of  the  house  of  correction,  of  four 
members;  a  board  of  poor  commissioners,  of  four  members;  a  board 
of  fire  commissioners,  of  four  members;  a  board  of   health,  of  three 
members;  and  a  board  of    Belle  Isle  park  commissioners,  of  four 
members.     There  shall  also  be  appointed  by  the  controller  a  deputy 
Controller  to      controller,  who  shall,  in  case  of  the  inability  of  the  controller  to  per- 

appolnt  deputy. 

form  the  duties  of  his  office  by  reason  of  sickness,  absence  from  the 
city,  or  other  sufficient  cause,  be  vested  with  all  the  powers,  and  per- 
form all  the  duties  of  the  controller,  until  the  disability  of  the  con- 
troller shall  cease:  Provided,  however,  That  such  deputy  controller 
shall  in  no  case  have  the  right  or  power  to  act  as  controller  unless  the 
disability  of  the  controller  shall  have  been  first  declared  by  a  resolu- 
tion of  the  common  council,  nor  unless  said  deputy  controller  shall 
have  first  qualified  by  filing  an  official  bond  in  such  penal  sum  as  the 
common  council  may  direct,  and  with  sureties  approved  by  them. 
Cie.k  to  appoint  There  shall  also, be  appointed  by  the  city  clerk  a  deputy  city  clerk, 
who  shall,  in  the  absence  or  inability  to  act  of  the  city  clerk,  be  vested 


CHARTER   OF   THE   CITY   OF    DETROIT. 


OFFICERS:      WII  )  ELECTED,  OR  APPOINTED,  QUALIFICATIONS,  ETC.  CHAPTER    4 


with  all  the  powers  and  perforin  all  the  duties  of  the  city  clerk,  and 
who  shall  file  an  official  bond  [in]  such  penal  sum  as  the  common 
council  may  direct,  and  with  sureties  approved  by  them:  Provided  Proviso. 
further,  That  in  case  of  the  death,  resignation  or  removal  of  the  city 
clerk,  the  deputy  city  clerk  shall  continue  to  perform  the  duties  of 
the  office  of  city  clerk  until  the  next  regular  election,  when  the  va- 
cancy may  be  filled.     There  shall  also  be  appointed  by  the  city  treas-  Treasurer  to 

J  J  J  appoint  deputy . 

urer  a  deputy  city  treasurer,  who  shall,  in  the  absence  or  inability  to 
act  of  the  city  treasurer,  be  vested  with  all  the  powers  and  perform 
all  the  duties  of  the  city  treasurer,  and  who  shall  file  an  official  bond 
in  such  penal  sum  as  the  common  council  may  direct,  and  with  sure- 
ties approved  by  them:  Provided  further,  That  in  case  of  the  death,  Proviso. 
resignation  or  removal  of  the  city  treasurer,  the  deputy  city  treasurer 
shall  continue  to  perform  the  duties  of  the  office  of  city  treasurer 
until  the  next  regular  election,  when  the  vacancy  may  be  filled.  (As 
amended  by  Act  approved  June  2d,  1887.) 

(§  38.)    Sec.  3.     The  following  officers  shall  be  appointed  by  the 

What  officers 

board  of  aldermen  at  a  meeting  to  be  held  on  the  second  Tuesday  in  appointed  by 

°  J         the  Board  of 

June  of  each  year,  viz:  One  or  more  clerks  of  the  market,  one  or  ldermen- 
more  weighmasters,  one  or  more  poundmasters,  a  gas  inspector,  and 
such  other  officers,  deputies,  assistant  officers  and  agents  as  may  be 
necessary,  and  whose  appointment  shall  be  authorized  by  prior  reso- 
lution of  the  common  council.  Also  a  board  of  inspection  of  elec- 
tion, to  be  appointed  and  constituted  as  provided  by  this  act:  Pro- 
■',  That  any  appointment  which  shall  not  be  made  on  the  day 
named,  may  be  made  at  any  subsequent  regular  session  of  the  board 
of  aldermen:     And  provided  further,  That  any  office  created  by  ordi-  Offices  created 

J  J  by  ordinance. 

dinance  or  resolution  of  the   common  council  maybe  filled  at  anyet<" 
time  until  the   second  Tuesday  of  June  following,  when,  as  in  the 
case  of  other  officers,  the  regular  term   of  service  shall  commence, 
and  the  office,  if  continued,  be  filled   for  the  ensuing  year,  unless 


J3  CHARTER   OK   THE   CITY   OK   DETROIT. 

Chapter  4,  officers:    who  elei  rED,  or  appointed,  qualifications,  etc, 


otherwise    provided   by  the   ordinance   or   resolution   creating  such- 
offlce. 


(§  ;'»lt.)    Sec.  4.     There  shall  be  appointed  by  the  board  of  health 
Appointment  of 

city  physicians   three  or  more  city  physicians,  whose  term  of  office  shall  be  one  year. 
and  engineer.  J  r    J 

beginning  on  the  first  day  of  July;  also  a  city  engineer,  on  the  nomi- 
nation of  the  board  of  public  works,  whose  term  of  office,  duties  and 
compensation  shall  be  fixed  by  the  common  council. 


ens  to  (§40.)    Sec.  5.     All  officers,  whether  elected  or  appointed,  shall 

hold  office  until 
success.*  ap-      hold  their  offices  respectively    until  their  successors  shall  be  duly 

pointed  or 

elected.  elected  or  appointed  and  qualified,  and  shall  enter  upon  the  discharge 

of  their  duties. 


Officers  to  be  ,g  \\\     gEC_  (j.     No  person  shall  be  elected  or  appointed  to,  or 

resident  °  ' 

6leclors-  shall  hold  any  office  under  this  act  who  shall  not  be,  at  the  time  of 

his  election  or  appointment,  and  so  long  as  he  shall  hold  such  office, 
a  resident  elector  of  said  city;  and  no  person  shall  be  elected  or  ap- 
pointed to,  or  shall  hold  such  office  for  any  ward  in  said  city  who,  at 
the  time  of  his  election  or  appointment,  and  so  long  as  he  shall  hold 
such  office,  shall  not  be  a  resident  elector  of  the  ward  from  and  for 

Proviso.  which    he  may  be  elected  or  appointed:     Provided,  haivever,  That 

women  shall  be  eligible  to  the  office  of  school  inspector,  subject  to 
the  qualifications  and  restrictions  of  other  persons  eligible  thereto. 
If  any  person  elected  or  appointed  to  any  office  in  the  corporation 
shall  cease  to  be  a  resident  of  the  city  or  ward  for  which  he  may  have 
been  elected  or  appointed,  such  office  shall  thereby  be  vacated.  (As 
amended  by  Act  amended  by  Act  approved  March  13,  1839.) 

(£  42.)    Sec.  7.     No  person  shall  be  elected  to  the  office  of  at- 

Qualilication  of 

Attorney.  torney  unless  he  be   at  the  time  of  his  election  a  counselor  of  the 

supreme  court  of  this  State  of  two  years'  standing. 


CHARTER   OF   THE    CITY   OF   DETROIT. 
officers:    whi  elected,  or  appointed,  qualifications,  etc.  Chapter  i 


(§  43.)     Sec.  8.     No  person  shall  be  elected  or  appointed  to  any 
office  created  by  this  act  who  is  now  a  defaulter  to  said  city,  or  to  any  ineligible^o 

office. 

board  of  officers  thereof,  or  to  the  State  of  Michigan,  or  to  any  county 
thereof:  and  any  person  shall  be  considered  a  defaulter  who  has  re- 
fused or  neglected,  or  may  hereafter  refuse  or  neglect  for  thirty 
days  after  lawful  demand  made,  to  account  for  and  pay  over  to  the 
party  authorized  to  receive  the  same,  any  public  money  which  has 
come  into  his  possession.  If  any  person  holding  any  such  office  shall 
become  a  defaulter  while  in  office,  such  office  shall  thereby  be  va- 
cated. 

(§  44.)     Sec.  9.     No  person  shall  be  elected  or  appointed  to  any  Officers  to  be 

able  to  read  andl 

office  under  this  act  unless  he  is  able  to  read  and  write  the  English  ^vnte  English. 

°  language. 

language  intelligibly,  and  if  any  such  person  be  elected  or  appointed, 
the  common  council  may  declare  such  appointment  or  election  void. 

(§  45.)     Sec.  10.     No  member  of  the  common  council  shall  hold  Members  of 

Council  to  hold! 

any  other  city  office,  excepting  as  provided  by  this  act,  or  any  other  no  °ther  office, 
legislative  office,  or  any  county  office,  excepting  notary  public. 

■    (§46.)   Sec.  11.    No  person  interested,  directly  or  indirectly,  either 
as  principal  or  suretv,  in  any  contract  or  agreement,  written  or  verbal,  Person  inter- 

11  '  J  °  '  ested  in  contract 

to  which  the  corporation  shall  be  a  party  in  interest,  or  to  which  any  oflce.  f°r 

officer  or  Board  under  this  act  shall  officially  be  a  party,  for  the  con- 
struction of  any  sewer,  pavement,  building,  or  performance  of  any 
public  work  whatever,  or  involving  the  expenditure,  receipt  or  dis- 
position of  money  or  property  of  the  corporation,  by  any  officer  or 
board  under  this  act,  shall  be  eligible  or  appointed  to  any  office  under 
this  act ;  and  if  any  person  thus  interested  shall  be  elected  or  appoint- 
ed to  office,  his  election  or  appointment  shall  be  void,  and  his  office 
shall  be  deemed  vacant. 

(§  47.)     Sec.  12.     If  any  member  of  the  common  council,  or  other 

Officers  becom- 

officer  of  the  corporation,  after  his  election  or  appointment,  or  while  CoftrMU  t^be1" 
in  office,  shall  become,  or  cause  himself  to  become  interested,  directly  ishment/etc.. 


CHARTER   PF   THE    CITY   OH    DETROIT  » 

Chapti  oki  hi  us:    who  i;i  k"I'kd,  ok  appoin  ied,  or  \i.n  hations,  etc. 


or  indirectly,  in  any  contract  or  agreement,  written  orverbal,  to  which 
tin'  corporation  shall  be  a  party  in  interest,  or  to  which  any  officer  or 
board  under  this  act  shall  officially  be  a  party,  or  in  any  question, 
subject  or  proceeding,  pending  before  the  common  council,  with  in- 
tent to  gain,  directly  or  indirectly,  any  benefit,  profit,  or  pecuniary 
advantage,  he  shall  be  removed  from  his  office,  and  his  office  declared 
vacant  by  the  common)  council,  and  he  shall  be  deemed  guilty  of 
willful  ami  corrupt  malfeasance  in  office,  and  may  be  prosecuted 
therefor,  and  on  conviction  shall  be  punished  by  a  tine  not  exceeding 
one  thousand  dollars,  or  imprisonment  in  the  state  prison  not  exceed- 
ing one  year,  or  both,  at  the  discretion  of  the  court. 

(ij  48.)    Sec.  13.     If  any  person  shall   offer,  directly  or  indirectly, 
CouncilTajid       to  a  member  of  the  common  council,  or  if  any  member  of  the  common 

how  punished. 

council  shall  directly  or  indirectly  accept,  or  agree  to  accept,  any 
money,  goods  or  chattels,  or  any  bank  note,  bank  bill,  bond,  promissory 
note,  due  bill,  bill  of  exchange,  draft,  order  or  certificate,  or  any 
security  for  the  payment  of  money  or  goods  and  chattels,  or  any  deed 
or  writing  containing  a  conveyance  of  land,  or  containing  a  transfer 
of  any  interest  in  real  estate,  or  any  valuable  contract,  in  force,  or  any 
other  property  or  reward  whatsoever,  in  consideration  that  such  mem- 
ber of  the  common  council  will  vote  affirmatively  or  negatively,  or 
that  he  will  not  vote,  or  that  he  will  use  his  interest  or  influence  on 
any  question,  ordinance,  resolution,  or  other  matter  or  proceeding 
pending  before  the  common  council,  he  shall  be  removed  from  office, 
and  his  office  declared  vacant  by  the  common  council,  and  both  he 
and  the  person  making  such  offer,  as  aforesaid,  shall  be  deemed  guilty 
of  misdemeanor,  and  may  be  prosecuted  therefor,  and  on  conviction, 
shall  be  punished  by  a  fine  not  exceeding  one  thousand  dollars,  or 
imprisonment  in  the  state  prison,  not  exceeding  one  year,  or  botb,  at 
the  discretion  of  the  court. 


CHARTER   OF   THE    CITY   OF   DETROIT.  35 

officers:  who  elected,  or  appointed,  qualifications,  etc.  Chapter  4 

(§  49.)  Sec.  14.  Every  officer,  appointed  or  elected  under  this 
act,  before  entering  on  the  duties  of  his  office,  shall  take  and  sub- 
scribe the  following  oath  of  office  :  "  I  do  solemnly  swear  (or  affirm) 
that  I  will  support  the  constitution  of  the  United  States,  and  of  this 
state,  and  that  I  will  faithfully  discharge  the  duties  of  such  office  to 
the  best  of  my  ability  ;"  and  shall  file  said  oath,  duly  certified  by  the 
officer  before  whom  it  was  taken,  in  the  office  of  the  clerk  of  said  city 


(§  50.)     Sec.  15.     Officers,  who  are   elected  at  the  annual  city 

Officers  elected, 

election,  except  treasurer,  shall  take   and  subscribe  the  oath  of  office  when  to  enter 

upon  dutits. 

before  the  city  clerk,  file  their  official  bonds,  and  enter  upon  their 
official  duties,  on  the  second  Tuesday  of  January  next  ensuing  their 
election,  or  within  ten  days  thereafter.     The  treasurer  shall  file  his 

Treasurer's 

official   bond,  take  and  subscribe  the  oath  of  office  before  the  city°^t°*^ffice 
clerk,  and  enter  upon  his  official  duties  on  the  first  day  of  July  next 
ensuing  his  election.     Officers  who  are  appointed,  shall  qualify  and 
enter  upon  their  official  duties  on  the  first  day  of  July  next  ensuing 

their  appointment  :     Provided,  That  assistants  and  clerks  appointed  officers  ap- 
pointed, when, 
upon   nomination   of  any  officer,   shall   assume  the   duties   of  their  ex- 
positions upon  confirmation  of   such  nomination  by  the   proper  body. 
Officers  who  are  either  elected  at  a  special  election,  or  appointed  to 
fill  the  unexpired  portion  of  a  term,  shall  take  and  subscribe  the  oath 
of  office,  file  their  official  bonds,  and  enter  upon  their  duties  within 
ten  days  next  ensuing  notice  of  their  election  or  appointment,  except 
justices  of  the  peace. 


(§51.)    Sec.  1G.     Any  officer  hereby  authorized,  but  not  specially 
named,  may  at  any  time  be  discontinued  by  the  common  council,  and  discontinued. 
if  there  be  an  incumbent  in  such  office,  such  discontinuance  shall,  on 
notice  thereof,  discharge  him  from  the  office,  and  a  further;  execution 
of  its  duties,  and  his  office  be  deemed  vacant. 


36  CHARTER   OK   TI1K   CITY   OK  DETROIT. 


Chapter  4,  officers:    who  ele<  rED,  or  appointed,  qualifications,  etc. 


Recordei  (§52.)    Sec.  17.    The  recorder  shall  be  subject  to  impeachment 

ject  to  Impeach- 

",e,,t-  and  removed  (rem  office  for  corrupt  conduct  in  office,  or  for  crimes. 

and  misdemeanors,  ia  the  same  manner  as  judicial  officers,  pursuant 

to  the  provisions  of  the  constitution  of  this  state. 

Expulsion  and  (§  53.)     Sec.  18.     The  common  council  may,  by  a  vote  of  two- 

removal  of 

officers.  thirds  of  all  the  members  elect,  expel  or  remove  from  office  any  of 

their  own  members,  and  may  remove  any  other  officer  holding  office 
by  election,  except  the  mayor  and  recorder,  for  corrupt  or  willful  mal- 
feasance or  misfeasance  in  office,  or  for  willful  neglect  of  the  duties 
of  his  office,  by  a  vote  of  two-thirds  of  all  the  members  elect,  and  in 
such  case  the  reason  of  such  expulsion  or  removal  shall  be  entered  on 
the  records  of  the  common  council,  with  the  names  and  votes  of  the 
Removal  of        members  voting  on  the  question.     No  officer  holding  office  by  election 

elective  officers, 

proceedings  for  gj^ii   ije  expelled  or  removed  by  said  common  council  unless  first 

etc.  r 

furnished  with  a  eopjr  of  the  charges  in  writing  and  allowed  to  be- 
heard  in  his  defence,  with  aid  of  counsel  ;  and,  for  the  purpose  here- 
of, the  common  council  shall  have  power  to  issue  subpoenas,  to  compel 
the  attendance  of  the  witnesses  and  the  production  of  papers,  when 
necessary,  and  shall  proceed,  within  ten  days  after  service  of  a  copjr 
of  the  charges,  to  hear  and  determine  Upon  the  merits  of  the  case. 
If  such  officer  shall  neglect  to  appear  and  answer  to  such  charges,  his 
failure  so  to  do  may  be  deemed  good  cause  for  his  removal  from  office. 
The  mayor  shall  have  power  to  suspend  or  remove  constables  from 
office,  and  in  case  of  such  suspension  or  removal  from  office,  the 
mayor  shall  report  the  same,  with  the  reasons  therefor,  to  the  common 
council.     (As  amended  by  Act  approved  June  2,  1887.) 

(§  54.)     Sec.    19.     Any   officer  holding   by   appointment,   unless 

Removal  of 

officers  ap-         otherwise  provided  by  law  or  ordinance,  may  be  removed  at  any  time 

pointed. 

by  the  common  council,  without  charges,  and  a  trial  thereof,  by  a  vote 
of  the  majority  of  the  members  elect,  except  the  controller,  receiver 


CHARTER   OF   THE    CITY    OF    DETROIT.  37 

officers:  who  elected,  or  appointed,  qualifications,  etc.  Chapter  4 


of  taxes,  and  superintendent  of  the  house  of  correction,  who  may  be 
removed  for  the  same  causes  and  on  the  same  proceedings  as  a  mem- 
ber of  the  common  council. 

(S  55. )     Sec.  20.     Any  officer,   holdinc;  office  by  election,  except  Temporary 

0  '  J  a  j  r     SUSpcnsion 

the  Recorder,  against  whom  charges  shall  be  preferred,  may  be  sus-  howmade! 
pended  from  office  by  a  majority  vote  of  all  the  members  of  the  com- 
mon council  elected,  until  such  charges  shall  be  heard  and  deter- 
mined :  and  any  officer  holding  office  by  appointment,  may  be  sus- 
pended temporarily  from  office,  at  any  time,  by  the  like  vote. 

(§  56.)     Sec.  21.     In  the  case  of  expulsion  or  removal  from  office,  v      n  ; 
death,  resignation,  or  permanent  disability  of  any  officer,  his  office 
shall  thereby  become  vacant,  and   may  be  so  declared  by  the  common 
council. 

l§  57.)     Sec.  22.     Resignations  of  office  shall  be  made  in  writ- 
Resignations. 
inff,  as  follows:     By  the  mayor  to  the  common  council,  by  the  alder- Filli.n£  ™can\ 

c '  *  cies  in  office  or 

men  to  the  president  of  the  common  council,  by  all  other  elective  ™-,or  or 
officers  to  the  mayor,  who  shall  report  the  same  to  the  common  coun- 
cil for  its  acceptance,  by  all  appointive  officers  to  the  mayor  or  other 
officer  or  board  whose  duty  it  is  to  fill  the  vacancy.     (As  amended  by 
Act  approved  June  2d,  1887.) 

(§  58.)    Sec.  23.     If  any  office  of  appointment  shall  become  va-  vacancies  in 
•cant,  a  successor  to  serve   for  the  unexpired  portion  of  the  official  offices. 
term  may  be  appointed  in  the  same  manner  as  his  predecessor. 

(S  59.)    Sec.  24.     If  a  vacancy  occurs  in  the  office  of  mayor  or 

Filling  vacan- 

alderman  more  than  six  months  before  the  time  for  holding  the  next jjj"™ ^^w- 
succeeding  annual  city  election,  the  common  council  shall  order  a 
special  election  to  fill   such   vacancy  for  the  residue  of  the  official 
term;  if  it  occurs  within  six  months  before  the  time  for  holding  such 
election  the  common   council  may,  in  its   discretion,  order  a  special 


210662 


33 


CHARTER    01-    Till;    CITY    OE    DETROIT. 


til  AIM  I   R     1. 


oil  1.  i  ks:    umo  i  i  BCTKD,  ok   APPOINTED,  m  ai  u  (CATIONS,  ETC. 


Filling  vacan 
cies  in  other 
elective   offic«! 


Official  bonds. 


Conditions  on 

official  bonds. 


Constable's 
bond. 


election  to  till  such  vacancy  for  the  residue  of  the  official  term.     (As 
amended  by  A.c1  approved  June  2d,  1887.) 

(§  60.)  Sec.  25,  If  a  vacancy  occurs  in  any  elective  ollice  other 
than  that  of  mayor,  recorder  or  alderman,  the  common  council  shall 
appoint  some  person  eligible  under  this  act,  unless  otherwise  pro- 
vided, to  serve  in  such  office  until  the  next  annual  election,  when  the 
vacancy  shall  be  tilled  for  the  residue  of  the  official  term.  (As 
amended  by  Act  approved  June  2d,  1887.) 

(§  61.)  Sec.  26.  The  controller,  treasurer,  clerk,  attorney,  re- 
ceiver of  taxes,  superintendent  of  the  house  of  correction,  clerk  of  the 
market,  and  such  other  officers  as  the  common  council  may  direct, 
shall,  respectively,  before  they  enter  upon  the  duties  of  their  re- 
spective offices,  file  in  the  clerk's  office  an  official  bond,  in  such  sum 
and  with  such  sureties  as  the  common  council  shall  direct  and  approve. 

(§  62.)  Sec.  62.  The  official  bond  of  every  officer  shall  be  con- 
ditioned that  he  will  faithfully  perform  the  duties  of  his  office,  and 
will,  on  demand,  deliver  over  to  his  successor  in  office,  or  other 
proper  officer  or  agent  of  the  corporation,  all  books,  papers,  moneys, 
effects  and  property  belonging  to  the  corporation,  or  appertaining  to 
his  office  which  may  be  in  his  custody  as  an  officer;  and  such  bond 
maybe  further  conditioned,  as  the  common  council  shall  prescribe. 
The  official  bond  of  every  officer  whose  duty  it  may  be  to  receive  or 
pay  out  money,  besides  being  conditioned  as  above  required,  shall  be 
further  conditioned  that  he  will,  on  demand,  pay  over  or  account  for 
to  the  corporation,  or  any  proper  officer  or  agent  thereof,  all  moneys 
received  by  him  as  such  officer.* 

(§  6o.)  Sec  28.  Every  person  elected  to  the  office  of  constable 
in  said  city,  before  entering  on  the  duties  of  his  office,  shall,  with  two 

*See  note  No.  ?,  appendix. 


CHARTER   OF   THE    CITY   OF   DETROIT.  39 


officers:  who  elected,  or  appointed,  qualifications,  etc.  Chapter  4 


or  more  sureties,  to  be  approved  by  the  common  council,  execute  and 
file  with  the  city  clerk  a  bond  or  instrument,  in  writing,  to  the  city  of 
Detroit,  in  the  penal  sum  of  two  thousand  dollars,  conditioned,  well 
and  faithfully  in  all  things,  to  execute  and  perform  the  duties  of  his  office 
during  the  continuance  therein,  and  to  pay  to  each  and  every  person 
who  may  be  entitled  thereto,  all  sums  of  money  which  said  constable 
may  become  liable  to  pay  on  account  of  any  execution  or  process  for 
the  collection  of  money  which  shall  be  delivered  to  him  ;  and  further 
conditioned  as  the  common  council  may  prescribe. 

(§  64.)     Sec.  29.     The  common  council  may  at  any  time  require 

...       Council  may 

any  officer,  whether  elected  or  appointed,  to  execute  and  file  with  the  order  new 

official  bonds. 

clerk  of  the  city,  new  official  bonds,  in  the  same  or  in  such  further 
sums,  and  with  new  or  such  further  securities  as  said  council  may 
deem  requisite  for  the  interest  of  the  corporation. 

(§  65.)     Sec.  30.     The  clerk  of  the  city  shall  cause  every  officer, 
whether  elected  or  appointed,  as  soon  as  practicable  after  his  election  officer  notice  of 

election 
or  appointment,  to  be  served  with  a  written  notice  thereof  and  of  the 

amount  of  his  official  bond  ;  and  if  such  officer  shall  neglect  to  take 

and  subscribe  his  oath  of  office,  or  to  file  his  required  official  bond 

within  the  time  prescribed  therefor  by  this  act,  or  if  any  officer  re- 

1  Neglect  to 

quirei  to  execute  and  file  a  new  official  bond,  as  provided  in  the  pre-  luallfy- 
ceding  section,  shall  not  comply  with  such  requirement  within  ten 
days  after  notice  thereof  from  the  city  clerk,  the  common  council  may 
declare  the  office  in  such  case  vacant,  and  such  vacancy  may  be  filled 
as  heretofore  provided  in  this  act. 

(§  66.)    Sec.    31.     The  common  council  or  such  officer  as   the 

.,  Sureties  ort 

common  council  shall,  by  resolution  or  ordinance  prescribe,  may  ex- bonds,  how 

approved. 

amine  into  the  sufficiency  of  the  proposed  sureties  on  any  official  bond 
or  instrument,  in  writing,  required  by  this  act,  or  on  any  contract,  in 
writing,  to  which  the  corporation,  or  any  officer  or  board,  under  this 


j.0  CHAR  r:  u    01    XHE    CITY   OF   DETRO]  t. 

Chapter  4.  officers    who  elected,  or  appointed,  qi  ilifk  vtIons,  etc. 


act,  shall  be  a  party  in  interest,  and  may  require  such  sureties  to  sub- 
mit to  an  examination,  under  oath,  as  to  their  property  and  responsi- 
bility. The  depositions  of  the  sureties  shall  be  reduced  to  writing, 
be  signed  by  them,  certified  by  the  person  taking  the  same,  and  an- 
nexed to  or  tiled  with  the  bond,  or  instrument,  in  writing,  to  which  it 
relates. 

(§  67.)     Sec.  32.     The  clerk  of  the  city  shall   report  the  name  of 
thosi  neglect- 
ing to  qualify     ;u,y   person   elected   or   appointed    to    any   office,    who    shall    have 

neglected  to  tile  his  official  bond  and  oath  of  office,  as  required  by 
this  act,  to  the  board  of  aldermen,  at  its  next  meeting  after  such  de- 
fault. 

Nomination  to  (g  gg\    gEC    33      Each  officer  of   the  city,  and  each   board  or 

common  conn- 

antefetcf'by  commission  of  the  city,  the  appointment  of  whose  assistants  or  other 
employes  is  vested  in  the  common  council,  shall  annually  nominate 
to  the  common  council  the  person  or  persons  whom  the  said  officer, 
board  or  commission  shall  dssire  to  have  appointed  to  auy  position  in 
their  respective  offices,  or  usder  their  control,  designating  in  the 
communication  of  nomination  the   position  or  duty  to  which  such 

Common  conn-  person  or  persons  are  to  be  assigned.     And  it  shall   be  the  duty  of 

cil  to  confirm  or 

reject  nomina-   the  common  council  to  confirm  or  reject  the  said  nominations,  and  no 

tion. 

person  or  persons  shall  be  appointed  to  any  such  office  without  first 

having  received  the  nomination  of  the  head  of  the  office,  or  board  or 

commission  in  which  such  person  or  persons  are  to  be  employed. 

This  section  shall  not  apply  to  appointments  already  lawfully  made. 

in  case  of  in-      In  case  of  the  incompetency,  neglect  of  duty  or  other  misconduct  of 

competency, 

etc.,  of  persons  any  SUCQ  assistants,  clerks  or  subordinates  so  appointed  to  any  such 

nominated.  J 

office,  the  officer,  board  or  commission  in  whose  office  such  person  or 
persons  have  been  appointed,  shall  represent  the  fact  of  such  incom- 
petency, neglect  of  duty  or  other  misconduct  to  the  common  council 
by  communication,  which   communication  shall  contain  the  charges 


CHARTER   OF    THE    CITY   OF   DETROIT.  41 


officers:  who  elected,  or  appointed,  qualifications,  etc. 


and  specifications  (specification]  of  any  such  neglect  of  duty,  incom- 
petency or  other  misconduct;  and  if  such  charges  are  sustained,  then 
such  assistants,  clerks  or  subordinates  may  be  removed  by  the  com- 
mon council.  Any  vacancy  so  occasioned,  or  by  resignation,  death  or 
otherwise,  shall  be  filled  in  the  manner  above  provided,  (As  amended 
.by  Act  approved  June  2d,  1887.) 

(§  69. )     Sec.  34.     All  such  fees  or  charges  as  are,  or  may  be,  by  Au  fees  to  be 

pa-id  Citv 
the  city  charter  or  ordinances,  made  chargeable  or  collectable  by  any  Treasurer. 

city  officer,  executive  board  or  commission  of  the  city  of  Detroit,  ex- 
cept as  the  same  may  apply  to  the  board  of  education,  the  board  of 
fire  commissioners,  the  Metropolitan  police  commissioners,  and  the 
board  of  water  commissioners,  shall  belong  to  the  city  of  Detroit,  and 
be  paid  over  to  the  city  treasurer  by  such  officer,  executive  board  or 
commission,  and  a  receipt  therefor  taken  in  the  same  manner  as  is 
provided  for  all  other  collections  and  payments  to  or  for  the  city  of 
Detroit.     And  such  officer,  executive  board  or  commission  shall  make  officers 

Boards  to  make 

a  written   report  to  the  controller,   under  oath,  of  all  such   fees  and  full  reports  of. 
charges  so  collected  and  deposited,  together  with  the  receipt  from  the 
city  treasurer  for  the  same,  in  the  same  manner  as   is  provided  for 
similar  reports.     And  no  officer,  executive  board  or  commission,  ex- 
cepting the  boards  above  particularly  mentioned,  or  the  employes  of 

No  officer  to 
said  boards,  shall  receive  compensation  for  his  or  their  services,  other  receive  other 

compensation 

than  such  salary  as  may  be  fixed  by  the  common  council  in  the  man-  than  salary,  etc. 
ner  provided. 


CHAPTER     V. 

OFFICERS,    THEIR   RIGHTS,    POWERS    AND    DUTIES. 

(§  70.)     Section  1.      The  mayor  shall   be  the  chief  executive 
officer  of  the  city  of  Detroit,  and  conservator  of  its  peace.     It  shall  Mayor,  his 

duties. 

be  his  duty  to  keep  an  office  in  some  convenient  place  in  said  city,  to 
be  provided  by  the  common  council:  to  see  that  all  officers  of  said 
city  faithfully  comply  with  and  discharge  their  official  duties;  to  see 
that  all  laws  pertaining  to  the  municipal  government  of  said  city, 
and  all  ordinances  and  resolutions  of  the  common  council  be  faith- 
fully observed  and  executed;  and  he  shall  have  power  in  his  dis- 
cretion to  report  to  the  common  council  any  violations  thereof.  He 
shall,  from  time  to  time,  give  the  common  council  such  information 
and  recommend  such  measures  as  he  shall  deem  necessary  or  ex- 
pedient. 

(§  71.)    Sec  2.     The  mayor  shall   be  paid  a  salary   of  twelve  salary  of. 
hundred  dollars  per  annum.     In  case  of  a  vacancy  in  the  office  of  in  case  of 

vacancy,  an- 

mayor,  or  his  being  unable  to  perform  the  duties  of  this  office  by  ^"";.etc"  °f 
reason  of  sickness,  absence  from  the  city,  or  other  cause,  the  presi- 
dent of  the  common  council  shall  be  acting  mayor;  and  in  case,  at 
the  same  time,  there  shall  be  a  vacancy  in  the  office  of  president  of 
the  common  council,  or  he  shall  be  unable  to  perform  the  duties  of 
his  office  by  reason  of  sickness,  absence  from  the  city,  or  other  cause, 
the  president  pro  tempore  of  the  common  council  shall  be  acting 
mayor,  and  such  acting  mayor  shall  be  vested  with   all  the  powers, 


44  CHARTER   OF   THE   CITY   OF   DETROIT. 

CHAPTRR  5.  OEFICERS;    THEIR   RIGHTS,  POWERS  AND  DI    rlES. 


and  shall  perform  all  the  duties  of  mayor  until  the  vacancy  or  va- 
cancies  aforesaid  be  filled,  or  the  mayor  or  president  of  the  common 
council,  as  the  case  may  be,  shall  resume  his  office.  (As  amended  by 
Act  approved  June  2,  188^.) 

President/ro  (S  T2.)     Sec.  3.     The  common  council  shall  at  its  session  on  the 

tempore. 

second  Tuesday  in  January  of  each  year  elect  from  its  number,  by  a 

viva  voce  vote,  a  president  for  the  year,  and  a  president  fro  tempore, 
to  supply  his  place  in  case  of  vacancy  or  temporary  absence.  (As 
amended  by  Act  approved  June  2,  1887.) 

p  n  ,  (§  73.)     Sec.  4.     The  president  fro  tempore  of  the  common  coun- 

cil shall  preside  at  the  meetings  in  case  of  a  vacancy  in  the  oflice  of 
president,  or  of  the  president  being  unable  from  any  cause  to  pre- 
side or  be  present.  In  such  case  the  president  fro  tempore  [shall]  be 
invested  with  all  the  powers  and  shall  perform  all  the  duties  of 
president  until  he  shall  resume  the  duties  of  his  office  or  the  vacancy 
be  filled.    (As  amended  by  Act  approved  June  2,   1887.) 

City  Attorney's  (§  74.)     Sec.  5.     The  city  attorney  shall  appear  in  and  conduct 

duties. 

all  suits,  prosecutions  and  proceedings  in  the  recorder's  court,  to 
which  the  city  of  Detroit  is  a  party,  to  the  end  thereof,  subject  to  the 
rules  and  practice  of  said  court,  and  if  the  same  be  removed  to  any 
other  tribunal,  by  writ  of  error,  habeas  corpus,  or  otherwise,  he  shall 
conduct  the  case  before  such  tribunal. 

(§  75.)     Sec.  6.     The  clerk  of  the   corporation   shall    keep  the 
duties.  corporate  seal,  and  all  papers  filed  in  or  pertaining  to  his  office,  and 

shall  be  clerk  of  the  common  council,  shall  attend  its  meetings,  and 
shall  make  and  preserve  a  record  of  all  its  ordinances,  resolutions 
and  other  proceedings,  in  proper  books  to  be  provided  therefor,  and 
when  requested,  shall  duly  certify,  under  the  corporate  seal,  copies 


CHARTER   OF   THE    CITY   OF   DETROIT.  45 

officers:  their  rights,  powe   s  and  dlties.  Chapter  5- 


thereof,  and   of  all   papers  duly  filed  in   his  office  pertaining  to  the 
same,  and  shall  possess  and  exercise  the  powers  of  township  clerks. 

(S  76.1     Sec    7.     It  shall  be  the  duty  of  the  controller  to  counter- Controller's 

^         '  duties. 

sign  all  bonds  which  the  corporation  or  common  council  is  authorizf-d 
to  issue,  pledging  the  faith  and  credit  of  said  city;  to  receive  all  ac- 
counts and  demands  against  the  corporation,  examine  them  in  detail, 
audit  and  allow  them,  or  such  parts  thereof  as  to  the  correctness  of 
which  he  has  no  doiabt,  and  which  the  claimant  is  willing  to  accept 
in  full  discharge  thereof,  file  and  number  them  as  vouchers  in  the  File  vouchers, 
order  of  their  allowance,  register  them,  with  the  amount  allowed  and 
date  of  allowance,  in  the  same  order,  in  a  proper  book  provided  for 
such  purpose,  and,  on  their  being  properly  discharged,  in  writing,  to 
draw  and  sign  his  warrant  therefor,  upon  the  treasurer,  when  the  Warrants, 
same  is  ordered  to  be  paid  by  the  common  council.     If  he  shall  have  Register 

doubtful  ac- 

any  doubt  concerning  their  correctness,  he  shall   register  them  in  a  counts  and  re- 

J  turn  to  council. 

separate  list,  and  return  them  to  the  common  council  with  his  objec- 
tions. If  the  same  be  allowed  by  the  comiion  council,  in  pursuance 
of  their  authority  under  this  act,  on  their  return  to  the  controller, 
with  a  certificate  of  the  clerk  endorsed  thereon  that  they  have  been 
allowed  by  the  common  council,  he  shall  then  file  and  register  them 
in  the  list  of  allowed  claims,  in  the  same  manner  as  above  provided 
for  the  registering  of  claims,  audited  and  allowed  by  him,  and,  on 
their  being  properly  discharged,  in  writing,  shall  draw  and  sign  his 
warrant  therefor  on  the  treasurer.     It  shall  also  be  the  duty  of  the  _. 

J  To  present  to 

controller  to  lay  before  the  common  council,  once   in  each  year,  in  each  year 

schedule  of 

the  month  of  July,  or  oftener  if  directed  by  the  common  council,  a  accounts,  etc. 
schedule  of  all  accounts  audited  and  allowed  by  him,  and  of  all  leases 
of  the  property  of  the   corporation,   specifying  the   names   of   the 
lessees,  the  rates  of  rent,  and  the  period  when  the  leases  will  termi- 
nate.    It  shall  also  be  the  duty  of  the  controller  to  examine  the  tax  ^VaJ, "'returns 

„      ,  .  „  ,         ,  ,  ...  of  officers. 

rolls  and  returns  of  the  city  officers,  and  take  general  supervision  of 


46  CHARTER   OF   IHE   CITY   OK   DETROIT. 

Chapter  6.  officers:   rHEiR  rights,  powers  and  duties. 


the  financial  concerns  of  the  corporation;  to  keep  11  complete  set  of 
books,  exhibiting  the  financial  condition  of  the  corporation  in  its 
various  departments  and  funds,  its  resources  and  liabilities,  with  a 
proper  classification  thereof,  and  each  fund  or  appropriation  for  any 
Vdvise  Council  distinct  object  of  expenditure,  or  class  of  expenditures.     When  any 

when   any  fund 

is  exhausted.  SUCQ  fun(j  or  appropriation  has  been  exhausted  by  warrants  already 
drawn  thereon,  or  by  appropriations,  liabilities,  debts,  and  expenses 
actually  made,  incurred  or  contracted  for,  and  to  be  paid  out  of  such 
fund  or  appropriation,  the  controller  shall  advise  the  common  coun- 
cil thereof  at  its  next  meeting. 

(S  77.)     Sec.  8.     The  controller  shall  also  open  an  account  with 

To  open  vs  ' 

"llh  the  treasurer,  in  which  he  shall  charge  said  treasurer  with  the  whole 
amount  of  taxes,  general  and  special,  levied  in  said  city,  also  the 
whole  amount  in  detail  of  all  bonds,  notes,  mortgages,  leases,  rents' 
interest  and  other  moneys  receivable,  in  order  that  the  value  and 
description  of  all  personal  property  belonging  to  the  corporation 
may,  at  any  time,  be  known.  He  shall  also  keep  a  list  of  all  the 
propert/be-0      property,  real,  personal  and  mixed,  belonging  to  the  corporation,  and 

longing  to 

the  City.  0f  an  jts  debts  and  liabilities,  in  order  that  the  amount  of  the  moneys 

and  liabilities  of  the  corporation  may  at  any  time  be  known  at  his 
office.  The  controller  shall  also  perform  such  other  duties  as  are 
prescribed  by  this  act,  or  may  be  prescribed  by  the  common  council, 
subject  to  the  provisions  hereof.  The  controller  shall  also  open  ac- 
counts with  the  treasurer,  in  which  he  shall  charge  him  with  all 
moneys  appropriated,  raised  or  received  for  each  of  the  several  funds 
of  the  corporation,  and  credit  him  for  all  the  warrants  drawn  thereon, 
keeping  a  separate  account  of  debit  and  credit  of  each  fund,  charging 
every  warrant  drawn  to  the  account  of  the  particular  fund  constituted 
or  raised  for  the  specific  purpose  for  which  such  warrant  is  drawn,  in 
order  that  it  may  be  known  at  the  controller's  office  when  each  fund 


CHARTER   OK   THE   CITY   OF   DETROIT.  47 

officers:  their  rights,  powers  and  duties.  Chapter  - 


has  been  or  may  be  exhausted,  and  what  balance,  if  any,  may  remain 
therein. 

(§  78.)  Sec.  9.  The  treasurer  shall  have  the  custody  of  all  Jv\^es"rer's 
moneys,  bonds,  mortgages,  notes,  leases  and  evidences  of  value  be- 
longing to  the  corporation.  He  shall  receive  all  moneys  belonging 
to  and  receivable  by  the  corporation,  and  keep  an  accurate  account  of 
all  receipts  and  expenditures  thereof  ;  but  no  receipt  given  by  the 
city  treasurer  shall  be  valid  unless  countersigned  by  the  controller. 
He  shall  pay  no  money  out  of  the  treasury  except  in  pursuance  of  and 
by  authority  of  law,  and  on  a  warrant  signed  by  the  controller,  which 
shall  specify  the  purpose  for  which  the  amount  thereof  is  to  be  paid. 
He  shall  keep  an  accurate  account  of,  and  be  charged  with,  all  taxes 
and  moneys  appropriated,  raised  or  received  for  each  fund  of  the 
corporation;  shall  keep  a  separate  account  f>>r  each  fund,  and  shall 
pay  every  warrant  out  of  the  particular  fund  constituted  or  raised  for 
the  purposes  for  which  said  warrant  was  issued,  and  having  the  name 
of  such  fund  indorsed  thereon  bv  the  controller.     He  shall  exhibit  to 

Annual  Report. 

the  common  council  annually,  and  as  often  and  for  such  period  as 
may  be  required,  a  full  and  detailed  account  of  all  receipts  and  dis- 
bursements since  the  date  of  his  last  annual  report,  classifying  them 
by  the  fund  to  which  such  receipts  are  credited,  and  out  of  which 
such  di-bursements  are  made;  shall  report  to  the  controller,  at  the 
end  of  each  month,  the  amount  received  and  credited  by  him  to  each 
fund,  and  on  what  account  received;  and  shall  also,  when  required, 
exhibit  a  general  statement  showing  the  financial  condition  of  the 
treasury;  which  account,  report  and  statement  shall  be  filed  in  the 
office  of  the  controller. 

(S  79.)    Sec.  10.     The  city  engineer  shall   have   power,  and  it  City  Engineers 

powers  and 

shall  be  his  duty,  to  survey  within  the  corporation  limits.     He  shall  auties- 
have  the  same  power  to  make  surveys  and  plats  within  the  corpora- 


48  CHARTER   OF   THE    CITY   OF   DETROIT. 

Chapter  5,  officers    rHEiR  rights,  powers  and  dt  ties. 


tion  limits  as  arc  now  or  may  hereafter  be  given,  by  law,  to  county 
surveyors,  and  the  like  efiect  and  validity  shall  be  given  to  his  official 
ads,  surveys  and  plats  as  are  or  may  hereafter  be  given,  by  law,  to 
the  official  acts,  surveys  and  plats  of  county  surveyor.  He  shall 
make  out  the  assessment  rolls  for  paving,  for  side  and  crosswalks,  for 
lateral  sewers,  and  for  all  other  special  assessments,  and  shall  survey 
for  the  city. 

(§  80.)     Sec.  11.     The   board  of  assessors  shall  assess    all   the 

Duties  of  Hoard 

of  Assessors,  property  liable  to  assessment,  for  the  purpose  of  levying  the  taxes 
lawfully  imposed  thereon,  as  hereinafter  more  particularly  pro- 
vided. 

Books,  papers,  /ft  gl.)     Sec.  12.     Whenever  any  officer  shall  resign  or  be  re- 

etc,  to  be  de-  vo         '  J  ° 

[n  office.  moved  from  office,  or  the  term  for  which  he  shall  have  been  elected 
or  appointed  shall  expire,  he  shall,  on  demand,  deliver  over  to  his 
successor  in  office  all  the  books,  papers,  moneys  and  effects  in  his 
custody  as  such  officer,  and  in  any  way  appertaining  to  his  office,  and 
every  person  violating  this  provision  shall  be  deemed  guilty  of  mis- 
J>.eja'jties  for  demeanor  and  may  be  proceeded  against  in  the  same  manner  as  pub- 
lic officers  generally  for  the  like  offense,  under  the  general  laws  of 
this  State,  now  or  hereafter  in  force,  and  applicable  thereto;  and 
every  officer  appointed  or  elected  under  this  act  shall  be  deemed  an 
officer  within  the  meaning  and  provisions  of  such  general  laws  of  the 
State. 


General  powers 


(§  82.)     Sec.  13.     In  addition  to  the  rights,  powers,  duties  and 

and  duties  of      liabilities  of  officers  prescribed  in  this  act,  all  officers,  whether  elected 
officers. 

or  appointed,  shall  have  such  other  rights,  powers,  duties  and  liabili- 
ties, subject  to  and  consistent  with  the  provisions  of  this  act,  as  the 
common  council  may  deem  expedient  and  shall  prescribe  by  ordi- 
nance or  resolution. 


CHARTER   OF   THE    CITY   OF   DETROIT. 


49 


officers:  their  rights,  powers  and  duties.  Chapter  5 


(§  83.)     Sec.  14.      The   mayor,   recorder,  and   members   of  the 

Who  may  ad- 

common  council,  clerk,  controller,  clerk  and  deputy  clerk  of  the  re- minister  "oaths 

and  take  ac- 

corder's  court  are  hereby  authorized  generally  to  administer  oaths  knowltjdsments 
and  to  take  affidavits,  but  neither  of  said  officers  shall  receive  any 
fees  therefor  except  said  clerks.     The  controller  shall  have  the  power 
to  take  acknowledgments  of  deeds  under  the  laws  of  this  State. 

(§  84.)    Sec.  15.     The  mayor  may  issue  process  and  hear,  in  a 

Mayor  may 

summary  way,  any  complaint  against  any  person  to  whom  a  license  a^nst°CeSS 

licensees 

of  any  description  has  been  granted  in  pursuance  of  this  act,  for  any 
violation  of  the  laws  of  the  State  or  the  ordinances  of  the  corporation, 
and  may  issue  subpoenas  and  compel  the  attendance  of  witnesses  on 
the  hearing  of  such  complaint,  in  the  same  manner  as  justices  of  the 
peace  in  the  trial  of  civil  cases,  and  on  such  hearing  may  annul  such 
license,  or  suspend  it  for  any  certain  time.     Every  determination  on  May  revoke 

licenses 

such  complaint  shall  be  forthwith  riled  with  the  clerk  of  the  city,  who 
shall  serve  a  certified  copy  thereof  on  the  person  holding  a  license 
affected  by  such  determination,  either  personal  or  by  leaving  the 
same  at  his  or  her  usual  place  of  abode,  and  from  the  time  of  such 
service  such  license  shall  be  annulled  or  suspended  according  to  the 
tenor  of  such  determination. 

(§  85.)  Sec.  16.     Whenever,  in  the  opinion  of  the  common  coun- 

Power  of 

cil,  any  building,  fence,  or  other  structure  of  any  kind,  or  any  part  „n°°ncil ; 
thereof,  is  liable  to  fall  down  and  endanger  persons  or  property,  they 
may  order  any  owner  or  occupant  of  the  premises  on  which  such 
building,  fence,  or  other  structure  stands,  to  take  down  the  same,  or 
any  part  thereof,  within  such  time  as  they  may  direct.  In  case  the 
order  shall  not  be  complied  with,  they  may  cause  the  same  to  be 
taken  down  at  the  expense  of  the  city,  on  account  of  the  owner  of  the 
premises,  and  assess  the  expense  on  the  land  ou  which  it  stood.  The 
order,  if  not  immediate  in  its  terms  may  be  served  on  any  occupant  of 
the  premise?,  or  be  published  in  the  city  paper,  as  the  common  coun- 


safe  build- 
ings, etc. 


50  CHARTER   OF   THE    CITY    OF   DETROIT. 

Chapter  .">.  officers:  their  rights,  powers  a.nd  duties. 

cil  shall  direct.  The  common  council  shall  also  have  power  to  pre- 
vent the  construction  and  punish  the  maintainance  of  any  fence  on  or 
along  any  street,  or  in  front  of  any  public  place  or  space,  that  is  com- 
posed, in  whole  or  in  part,  of  barbed  wire  or  iron,  or  so  constructed 
as  tn  be  dangerous  and  liable  to  injure  persons  passing  in  front  of  the 
same. 

(8  86.)     Sec.  17.     The  common  council  shall  audit  and  allow  all 
Claims  against 

accounts  chargeable  against  the  city,  but  no  unliquidated  account,  or 
claim,  or  contract  shall  be  received  for  audit  or  allowance  unless  it 
be  accompanied  with  an  affidavit  of  the  person  rendering  it,  to  the 
effect  that  he  verily  believes  that  the  services  or  property  therein 
charged  have  been  actually  performed  or  delivered  for  the  city,  that 
the  sums  charged  therefor  are  reasonable  and  just,  and  that,  to  the 
best  of  his  knowledge  and  belief,  no  set-off  exists,  nor  payment  has 
been  made  on  account  thereof,  except  such  as  are  included  or  re- 
yv  hat  sufficient  ferre(j  i0  jn  such  account   or  claim.     It  shall  be  a  sufficient  bar  and 

bar  to  action 

answer  to  any  action  or  proceeding  in  any  court  for  the  collection  of 
any  demand  or  claim  against  said  city,  that  it  has  never  been  pre- 
sented to  the  common  council  for  audit  or  allowance,  or  if  on  con- 
tract, that  it  was  presented  without  said  affidavit  and  rejected  for 
that  reason,  or  that  the  action  or  proceeding  was  brought  before  the 
common  council  had  a  reasonable  time  to  investigate  and  pass 
upon  it. 

clerk  to  coun-  (§  87.)  Sec.  18.    The  city  clerk   shall  countersign  all   licenses 

lersign  licenses. 

granted  by  the  mayor  or  any  other  officer  thereto  authorized,  and 
shall  enter  in  proper  books  full  minutes  of  such  licenses,  and  no- 
license  shall  be  valid  unless  so  countersigned. 


CHAPTER     VI. 


REPORTS   OF   OFFICERS   AND   BOARDS.- 

(§  88.)     Section  1.     The  common  council  may  at  any  time,  by 
resolution,  require  from  the  various  officers,  boards  and  commission-  mates,  etc.tof 

officers. 

ers  of  the  corporation,  reports  and  detailed  statements  of  any  matter 
under  their  control,  and  it  shall  be  the  duty  of  such  officer  [officers], 
boards  and  commissioners  to  comply  with  said  resolution;  the  com- 
mon council  may,  by  ordinance,  determine  the  date,  and  from  time 
to  time  change  the  same,  at  which  estimates  of  such  officers,  boards 
and  commissioners  of  said  corporation  for  the  next  fiscal  year  shall 
be  made.     (As  amended  by  Act  approved  June  2,  1887.) 


CHAPTER     VII. 

COMMON   COUNCIL — HOW   CONSTITUTED — POWERS  AND  DUTIES. 

(§  89.)     Section  1.     The  legislative  power  of  the  city  is  vested  in 

Of  whom  court- 

a  common  council,  to  be  composed  of  the  aldermen  elected  from  each  cii  composed, 

etc. 
ward  of  the  city.    The  board  of  councilmen  is  hereby  abolished.    The 

board  of  aldermen  shall  hereafter  be  known  as  the  common  council; 

and  the  president  of  the  board  of  aldermen  shall  be  known  as  the 

president  of  the  common  council,     All  the  powers  and  duties  of  said 

board  of  councilmen  are   hereby  conferred  on  the  common  council, 

except  as  is  otherwise  provided  in  this  act.     The  words  "board  of 

aldermen "    shall  be  taken  to   mean  the  common  council  whenever 

they  occur  in  the  charter.     (As  amended  by  Act  approved  June  2, 

1887.) 

(§  90.)    Sec  2.     Repealed  by  Act  No.  438.     Approved  June  2, 

1887. 

(§  91.)     Sec  3.     Repealed  by  Act  No.  438.     Approved  June  2, 

1887. 

(§  92.)     Sec  4.     Repealed  by  Act  Ne.  438.     Approved  June  2, 

1887. 

(§  93.)     Sec  5.     Repealed  by  A^t  No.  438.     Approved  June  2, 
1S87. 

(§  94.)    Sec  G.     Repealed  by  Act  No,  438.     Approved  June  2, 

1887. 

(§  95.)     Sec  7.     Repealed  by  Act  No.  438.     Approved  June  2> 
1887. 


54 


CHARTER   OK   THE    CITY   OF   DETROIT. 


.  OMMON  COl  M  11  :    HOW  I  ONSTITUTED,  POWERS    VND  DUTIES, 


Duties  of  com- 
mon council  on 


(§  96.)     Sec.  8.     All  nominations  by  the  mayor  shall  be  made  to 


appropriation, 

ports, contracts,  city  officers  or  boards,  all  contracts  and  bonds  given  for  the  faithful 
etc. 

performance  of  work,  and  all  claims  and  accounts  shall  be  sent  to 

the  common  council  and  shall  not  go  into  effect  or  be   of  any   force 

until  considered  and  approved  by  said  common  council. 


Common 

council, 
quorum,  etc. 


Clerk  of 


(§  97.)  Sec.  9.  The  aldermen  of  the  city  shall  constitute  the 
common  council  thereof,  and  a  majority  of  all  the  aldermen  elected 
shall  be  a  quorum  for  the  transaction  of  business,  but  a  smaller  num- 
ber may  adjourn  from  day  to  day,  and  upon  a  call  of  the  common 
council  by  any  member  thereof,  if  supported  by  a  majority  of  the 
members  present,  whether  a  quorum  or  not,  the  president  shall  have 
power  to  send  any  member  of  the  police  force  of  the  city  to  bring 
the  absent  aldermen  forthwith  before  said  board.  The  clerk  of  the 
city  shall  be  clerk  of  the  common  council.  (As  amended  by  Act  ap- 
proved June  2,1887.) 


Election  of  '§  ^8.)     Sec.  10.     The  board  of  aldermen  at  their  regular  meet- 

President  and      .  ^  . 

President  pro    ing  on  the  Second  Tuesday  in  January  of  each  year,  and  after  the 

tempore. 

newly  elected  aldermen,  or  a  majority  thereof,  shall  have  entered  into 
their  offices,  shall  elect  by  a  viva  voce  vote  *  from  their  number  a 
president  and  president  pro  tempore,  who  shall  serve  for  the  period  of 
one  year,  unless  sooner  removed  by  death  or  otherwise,  and  shall 
have  the  powers  and  duties  prescribed  in  this  act.  And  the  clerk  of 
City  Clerk  to  be  said  city  shall  call  the  first  meeting  of  the  holding  over  and   newly 

clerk  of,  to  caH 

and  preside  over  elected  Aldermen  to  order,  and  shall  preside  over  the  same,  and  each 

first  meeting. 

of  their  subsequent  meetings,  until  a  president  of  such  board  of 
aldermen  shall  be  elected,  and  no  other  business  shall  be  transacted 
by  said  board  until  a  president  thereof  shall  have  been  chosen. 


*Note  No.  4,  Appendix. 


CHARTER   OF   THE   CITY   OF    DETROIT.  55 


COMMON    COUNCIL!    HOW  CONSTITUTED,  POWERS  AND  DUTIES. 


(§  99.)     Sec.  11.     The  board  of  aldermen  shall  hold  one  regular  |ess^°°^of 
session  each  week,  and  no  more,  at  such  times  and  places  as  they  shall  * 
by  ordinance  or  resolution  direct,and  may  adjourn  regular  sessions  from 
time  to  time,  as  may  be  deemed  expedient.     In  no  case,  however 
shall  an  adjourned  session  be  deemed  for  any  purpose  another  regular 
session.     (As  amended  by  Act  approved  June  2,  1887.) 

(§  100.)  Sec.  12.  Special  meetings  of  the  board  of  aldermen  may  Special  meet- 
he  called  at  any  time  by  the  mayor,  or  if  one-third  of  the  aldermen  c0f^l]  not'ce 
elected  shall,  in  writing,  request  the  president  of  the  board  of  alder- 
men to  call  a  special  meeting,  stating  therein  the  time  and  objects 
thereof,  and  if  he  shall  refuse  or  neglect  for  twenty-four  hours  to  call 
such  meeting,  a  copy  of  such  request  to  the  president  may  be  filed 
with  the  clerk  of  the  city,  with  the  certificate  of  an  alderman  endorsed 
thereon,  showing  the  presentation  thereof  to  the  president,  and  his  re- 
fusal or  neglect  as  aforesaid,  and  thereupon  such  special  meeting  shall 
be  held,  and  the  clerk  of  the  city  shall  cause  notice  thereof,  and  of  its 
time  and  place,  to  be  served  on  each  of  the  members  of  the  board  of 
aldermen  personally,  or  by  leaving  the  same  at  their  usual  place  of 
abode,  and  the  proceedings  of  said  meeting  shall  be  limited  to  the 
objects  thereof  as  set  forth  in  such  request  to  the  president.  Special 
meetings  may  be  adjourned  from  time  to  time,  as  may  be  deemed 
necessary,  in  order  to  dispose  of  the  business  which  they  are  called 
to  consider.     (As  amended  by  Act  approved  June  2, 1887.) 

(§  101.)    Sec.  13.     Every  ordinance,  resolution  or  proceeding  of 

Ordinances, etc, 

the  common  council  imposing  taxes  or  assessments,  or  originating  the  involving  ex- 
penditure of 
expenditure  or  disposal  of  money  or  property,  or  whereby  the  corpor-  money  to  be 

ation,  or  any  board  of  officers  under  this  act  may  incur  any  debt  or  ^°1™"°^1ec°""."or 
liability,  including  ordinances  and  resolutions  for  the  fixing  of  salaries 
and  for  the  payment  of  debt  and  liabilities  previously  and  lawfully 
contracted,  shall,  except  resolutions  making  appointments  to  or  re- 
moval from  office,  and  except  ordinances  and  resolutions   for  the  fix- 


56  CHARTER   OF   THK   CITY   OF    DETROIT. 

,  ,;   ;  COMMON  COUNCIL:  HOW  CONSTITUTED,  POWERS  AND  DUTIES. 


ing  of  the  annual  estimates  and  salaries,  and  for  payment  of  debts 

and   liabilities    previously   and    lawfully  contracted,   before   it  takes 

effect,  be  presented  by  the  clerk  to  the  mayor  ;  if  the  mayor  approve 
Mayor  may  .  , '  ,  .  „ 

veto  thereof  he  shall   write  thereon  his  approval,  with  the  date  thereof, 

and  sign  the  same,  and  thereupon  such  ordinance,  resolution,  or  pro- 
ceeding shall  go  into  effect ;  and  such  as  he  shall  not  so  approve  and 
sign  he  shall  return  to  the  common  council,  with  his  objections  there- 
to in  writing,  under  cover,  sealed  and  addressed  to  said  board.  (As 
amended  by  Act  approved  June  2,  1887.) 

SStoip^Sw.  (§  102.)  Sec.  14.  If  the  mayor  shall  neglect  to  approve  as 
aforesaid,  any  ordinance,  resolution  or  proceeding,  or  return  the 
same,  as  aforesaid,  with  his  objections,  at  its  next  regular  meeting 
after  the  same  shall  have  been  presented  to  him  by  the  clerk,  as  before 
provided,  the  same  shall  go  into  effect. 

(§103.)     Sec.  15.     Upon  the  return,  as  aforesaid,  of  any  ordinancer 

Passing  ordi-  \o  j 

Svereobjections  resolution  or  proceeding,  the  common  council  receiving  such  matter, 
with  the  objections  of  the  mayor,  shall  proceed  to  reconsider  the  vote 
by  which  the  same  was  passed  and  adopted ;  and  if,  after  such  recon- 
sideration, two-thirds  of  all  the  members  elected  of  the  common 
council  shall  agree  by  ayes  and  noes,  which  shall  be  entered  of 
record,  to  pass  or  adopt  the  same,  it  shall  go  into  effect.  (As  amended 
by  Act  approved  June  2,  1887.) 

(§  104.)     Sec  16.     The  clerk  of  the  city  shall,  at  the  time  of  pre- 

Clerk's  certifi- 
cate of  presen-   senting  any  ordinance,  resolution  or  proceeding  of  the  common  coun- 

tation.  °        J 

cil  to  the  mayor  for  his  approval  or  disapproval,  make  a  certificate  to 
be  endorsed  thereon,  or  attached  thereto,  in  which  he  shall  specify 

Recording 

certificate.  tlie  ^ay  on  which  the  same  was  so  presented ;  and  such  certificate 

shall  be  recorded  with  the  proceedings  of  the  common  council. 

ete^where'de-  (§  105.)     Sec.  17.     All  ordinances,  resolutions,  and  written  pro- 

recorded,  ceedings   of  the  common  council  shall  be  deposited  in  the  office  of 


CHARTER   OF   THE   CITY    OE   DETROIT. 


common  council:  how  constituted,  powers  and  duties.  Chapter  , 


the  clerk  of  the  city,  who  shall  safely  keep  the  same,  and  they  shall 
be  recorded  in  proper  books,  to  be  provided  therefor.  He  shall  keep  journal,  etc. 
a  journal  record  of  the  proceedings  of  the  common  council,  and  also 
a  record  of  every  ordinance  enacted  and  the  time  of  its  first  publica- 
tion, which  record  shall  be  signed  by  the  clerk,  and  by  the  president 
of  the  common  council.     (As  amended  by  Act  approved  June  2, 1887.) 

(§  106.)     Sec.  18.     Such  part  of  the  proceedings  of  the  common 

Publication  of 

council  as  the  council  may  deem  advisable  and  direct,  may  be  pub-  proceedings  of 

J  council. 

lished  in  the  official  daily  newspaper,  published  in  said  city,  in  the 
English  language,  or  said  proceedings,  or  any  part  thereof ,  may  be 
published  in  such  other  form  as  the  council  may  by  resolution  direct. 
All  ordinances  shall  be  published  for  three  successive  days  in  such 
official  daily  newspaper,  and  shall  take  effect  in  ten  days  after  their  Ordinances, 

how  published 

enactment :     Provided,  however,  That  the  common  council  may  fix  and  when  to 

take  effect. 

and  prescribe  therein  a  different  period,  and  that  no  ordinance  shall 
take  effect  before  one  publication  thereof:*  And  provided  further. 
That  the  common  council  may  direct  such  portion  of  such  proceed- 
ings and  ordinances,  as  it  may  deem  proper,  to  be  published  in  other 
languages,  in  a  newspaper  published  in  such  language  in  said  city,  publications  in 

foreign  lan- 

at  a  price  not  exceeding  the  rates  paid  the  official  paper,  and  at  an  guages  and  ex- 

r  ~  pense  thereof. 

annual  expense  not  exceeding  twenty-five  hundred  dollars  for  all 

publications  in  other  languages. 

(§  107.)     Sec.  19.     The  style  of  all  ordinances  shall  be:     "It  is 

hereby  ordained  by  the  People  of  the  Citv  of  Detroit."     No  ordinance  Style  of  ordi- 
nances. 

shall  be  revised,  altered  or  amended  by  reference  to  its  title  only,  but 
the  section  or  sections  of  the  ordinance  altered  or  amended,  shall  be 
re-enacted  and  published  at  length. 

(§  108.)     Sec.  20.     All  meetings  of  the  common  council  shall  be 
public,  and  its  proceedings  and  records  shall  be  open  to  public  inspec- 

,  ,     ..  Council  meet- 

tion  at  reasonable  times. ingstobc  pub- 

ZZZZ  lie. 

*See  note  No.  5,  appendix. 


58 


CHARTER   OF   THE   CITY  OF   DETROIT. 


Ch  \ri  EK 


Right  of 
petition. 


COMMON    I'lllM'M.:    HOW  (  ONSTITI'THO,  POWERS  AND  DUTIES. 


($  109.)    Sec.  21.     The  inhabitants  of  said  city  shall  have  the 
righl  of  petition  to  the  common  council. 


Power  ami 
^compensation 

1 1  il  of 
kldermen. 


tij  110.')  Sec.  22.  The  board  of  aldermen  shall  be  the  judges  of 
the  election  and  qualifications  of  its  own  members,  and  shall  have  the 
power  to  determine  contested  elections  to  said  board;  the  compensa- 
tion of  members  of  the  said  board  shall  be  six  hundred  dollars  each 
per  annum,  payable  in  monthly  installments.  Said  board  shall  also 
have  power  to  determine  the  rule  of  its  proceedings  and  to  pass  and 
enforce  all  by-laws  and  rules  necessary  and  convenient  for  the  tran- 
saction of  business  and  not  inconsistent  with  the  provisions  of  this  act. 
(As  amended  by  Act  approved  June  21,  1887.) 


Power  of  com- 
mon council 
over  all  proper 
tv  of  corpora- 
tion. 


(§  111.)  Sec.  23.  The  common  council  shall  have  the  general 
management  and  control  of  the  finances,  and  all  the  property,  real, 
personal  and  mixed  belonging  to  the  corporation,  whether  lying  with- 
in or  beyond  the  limits  of  said  city,  with  full  power  to  lease,  sell,  con- 
vey, transfer,  and  dispose  of  the  same  absolutely,  and  shall  have 
power  to  make  all  necessary  regulations  for  preserving  and  protecting 
the  same  from  destruction,  decay,  or  injury,  and  concerning  the  man- 
agement thereof. 


Resolution,  (§  112.)     Sec.  24.     No  resolution,  ordinance  or  proceeding  of  the 

with  expendi- 
ture, etc.,  not     common  council,  imposing  taxes  or  assessments,  or  requiring  the  pay- 
to  pass  same 

his' introduced1  ment>  expenditure,  or  disposal  of  money  or  property,  or  creating  a 
debt  or  a  liability  therefor,  and  no  other  ordinance  shall  be  passed  at 

Exception.  the  same  meeting  at  which  it  was  introduced,  unless  by  unanimous 
consent,  or  at  a  special  meeting  called  therefor,  and  every  such  ordi- 

Ayes  and  Nays,  nance,  resolution  or  proceeding  shall  be  passed  by  ayes  and  nays,  to 
be  entered  on  the  reeord;  and,  upon  the  demand  of  one-fourth  of  the 
members  present,  the  ayes  and  nays  shall  be  taken  on  any  question 
and  entered  upon  the  record. 


CHARTER    OF   THE   CITY   OF   DETROIT.  59 


common  council:  how  constituted,  powers  and  duties.  Chapter  < 


(§  113.)    Sec.  25.     No  alderman  shall  vote  on  any  question  in  Voting. 
which  he  is  interested;  on  all  other  questions  every  alderman   present 
shall  vote,  and  in  all  cases  of  tie-vote  the  question  shall  be  lost,     (As 
amended  by  Act  approved  June  2,  1887.) 

(§  114.)     Sec.  26.      All  appointments  to  office,  by  the  board  of  ^°^^ 
aldermen,  shall  be  made  by  a   majority  vote  of  all  the   aldermen  by  majority  vote 
elected,  and  removals  from  office  shall  be  made  by  a  majority  vote  of 
all  the  members  of  the  common   council   elected,  except  in  cases 
where,  by  this  act,  a  different  vote  may  be  required. 

K§  115.)     Sec.  27.     The  president  of  the  board  of  aldermen  shall ^sWent to 

rru     committees. 

appoint  such  committees  as  the  board  may  deem  necessary.  Ine 
duties  of  standing  committees  shall  be  prescribed  by  general  ordi- 
nance. 

(§  116.)    Sec.  28.      The  chairman   of  any  committee,   and  the  ^h°Jrem^°fand 
members  of  any  board  established  by  or  under  this  act,  may  admin-  minister  0';Uhs, 

etc. 
ister  oaths  and  take  affidavits  in  respect  to  any  matter  pending  before 

such  committee  or  board;  such  committees  or  board  shall  have 
power  to  subpoena  witnesses,  to  compel  their  attendance,  and  the  pro- 
duction of  necessary  papers  in  all  examinations  pending  before  them, 
and  to  that  end  the  common  council  may  prescribe  and  regulate  the 
necessary  proceedings,  and  confer  upon  the  police  force  of  said  city, 
•  or  any  officer  of  the  corporation,  all  needful  powers  for  the  purposes 
aforesaid.  The  common  council  shall  have  power  to  provide  by  ordi- 
nance for  the  enforcing  of  the  provisions  of  this  section,  and  to  pre- 
scribe the  penalty  for  a  violation  of  any  of  the  provisions  thereof. 

(§  117.)    Sec.  29.    The  common  council,  in  addition  to  its  other 

Powers  of 

powers  under  this  act,  and  subject  to  and  consistently  with  its  pro- common  council 
visions,  shall  have  power  within  the  limits  of  jurisdiction  of  the  cor- 
poration, as  are  specified  in  the  following  sections. 


6o 


CHARTER   OF   XHE   CITY   OF    DETROIT. 


common  council:   how  constituted,  powers  and  duties. 


roregulate  (§  lis,)     Sec.  30.    The  common  council  shall  have  power  to  pro- 

n  and 

appointment  of  •  },,  ,,,,.  ;ul(j  regulate  the  election  and  appointment  of  all  ollicers,  and 

officers  and  Iix  ° 

their  salaries.  Wr  ^^  remova]  from  0ffice)  ;lnd  for  the  filling  of  vacancies  subject 

to  the  pr  (visions  of  law;  and  may  authorize  and  regulate  the  demand 
and  receipt,  by  officers,  of  such  fees  and  costs,  and  in  such  cases  as 
the  council  may  deem  reasonable.  It  may  also  fix  and  regulate  the 
compensation  of  all  officers  elected  or  appointed  under  or  by  virtue 
of  any  act  relating  to  said  city,  except  as  may  be  otherwise  provided; 
but  the  compensation  of  no  officer,  fixed  by  an  annual  or  periodical 
salary,  shall  be  diminished  during  the  term  for  which  he  was  elected 
or  appointed;  nor  shall  the  salary  of  any  officer  be  increased  during 
his  term  of  office,  unless  by  a  two-thirds  vote  of  said  council. 


Detroit  river.  „,  jjg ^    gEC   gi      rj^g  common  council  shall  have  power  to  pro- 

vide for  and  preserve  the  purity  and  salubrity  of  the  waters  of  the 
Detroit  river;  to  prohibit  and  prevent  the  depositing  therein  of  all 
filthy  and  other  matter  tending  to  render  said  water  impure,  unwhole- 
some or  offensive  ;  to  preserve  and  regulate  the  navigation  of  the  said 
river  within  the  limits  of  the  said  city ;  to  prohibit  and  prevent  the 
depositing  of  or  keeping  therein  any  structure,  earth  or  substance 
tending  to  obstruct  or  impair  the  navigation  thereof  ;  to  remove  all 
obstructions  that  may  at  any  time  occur  therein,  and  to  direct  and 
regulate  the  stationing,  anchoring  and  mooring  of  vessels,  and  the 
laying  out  of  cargoes  and  ballast  for  the  same.     It  may  also  license, 

Control  ferries. 

continue  and  regulate  as  many  ferries  from  within  said  city  to  Belle 
Isle  and  the  opposite  shore  of  the  Detroit  river,  for  the  carrying  and 
transporting  of  persons  and  property  upon  and  across  said  river,  in 
such  manner  as  shall  seem  most  conducive  to  the  public  good  :  Pro- 
vided, however,  That  nothing  in  this  act  contained  shall  be  construed 

To  maintain       to  prevent  the  construction  and  maintenance  of  a  bridge  across  the 
a  bridge. 

Detroit  river.  It  shall  be  the  duty  of  the  board  of  metropolitan  police 
commissioners  to  detail  an   officer  or  member  of  the   metropolitan. 


CHARTER   OF   THE   CITY   OF   DETROIT.  6l 

common  council:  how  constituted,  powers  and  duties.  Chapter  ' 


police  force  of  said  city,  who  shall  act  as,  and  whose  official  designa- 
tion shall  be,  harbor  master.  The  harbor  master  shall  have  full 
police  powers  over  the  waters  of  the  Detroit  river  within  said  city, 
and  shall  enforce  the  ordinances  of  the  city  in  regard  thereto.  He 
shall  have  power  to  control  and  regulate  the  anchoring  of  vessels  and 
boats  in  said  river,  and  the  use  of  the  docks  and  wharves  along  the 
same  ;  and  it  shall  be  the  duty  of  every  captain,  master,  owner,  or 
other  person  in  charge  of  any  such  vessel  or  boat  to  comply  with  the 
ordinances  of  the  city,  and  to  obey  the  instructions  and  directions  of 

Harbor  Master 

said  harbor  master  ;  and  in  casse  of  any  neglect  or  refusal  so  to  do,  it  may  move 

J         °  vessels. 

shall  be  the  duty  of  the  harbor  master  to  move  said  boat  or  vessel 
and  for  that  purpose  he  may  employ  men  and  tugs,  and  may  enter 
upon  and  take  and  retain  possessiaa  of  said  boat  or  vessel  until  the 
reasonable  expenses  so  incurred  by  him  have  been  paid  by  the  master 
or  other  person  having  charge  of  said  boat  or  vessel ;  and  the  police 
force  of  said  city  shall  render  him  such  assistance  as  may  be  necessary 
to  enforce  the  city  charter  and  ordinances.  Any  captain,  master, 
owner,  or  other  person  in  charge  of  any  vessel,  who  shall  neglect  or 
refuse  to  comply  with  the  instructions  and  directions  of  the  harbor 
master,  in  the  performance  of  his  duties,  shall  be  deemed  guilty  of  a 
misdemeanor. 

(§  120.)  Sec.  32.  The  said  council  may  erect,  and  repair  and 
regulate  public  wharves  and  docks  at  the  end  of  streets,  and  on  the  and  ^^s 
property  of  the  corporation.  It  shall  have  power  to  regulate  the  erec- 
tion and  repair  of  private  wharves  and  docks,  so  that  they  shall  not 
extend  into  the  Detroit  river  beyond  a  certain  line,  to  be  established 
by  the  common  council,  and  to  prohibit  the  encumbering  of  all  public 
wharves  and  docks  with  boxes,  carriages,  carts,  drays,  sleighs,  sleds, 
or  other  vehicle  or  thing  whatever.  The  common  council  may  also 
lease  the  wharfs  and  wharfing  privileges  at  the  end  of  streets  on  the 
Detroit  river  in  said  city,  upon  such  terms  and  conditions,  and  under 


oj  CHARTER   OF    THK   CITY   OF   PF.TROIT. 

Chapter  7.  i  ommon  i  "i  mcii  :  how  constituted,  powers  and  duties. 


Buch  covenants,  and  with  such  remedies  in  case  of  non-performance 
as  the  common  council  may  direct,  but  no  buildings  shall  be  erected 
]  gage,  thereon.     No  lease  thereof  shall  be  executed  for  a  longer  period  than 

three  years:    Provided,  That  a  free  passage  at  all  times  for  all  persons 
with  their  baggage  over  said  public  wharves  shall  be  reserved. 

Council  to  (g  121)     Sec.  33.      The  common    council  shall  have    power  to 

make,  grade,  ° 

publk  grounds,  make,  grade,  improve  and  adorn  the  public  squares,  spaces,  grounds 
and  parks  belonging  to  or  under  the  control  of  the  corporation,  and  to 
control  and  regulate  the  same  consistently  with  the  purposes  and  ob- 
jects thereof.  It  shall  have  power  to  establish,  open,  widen,  extend, 
straighten,  alter,  vacate  and  abolish  highways,  streets,  avenues,  lanes, 
alleys  and  public  grounds  or  spaces  within  said  city;*  and  to  grade 
pave,  repair  and  otherwise  improve  the  highways,  streets,  avenues, 
lanes,  alleys  or  interior  public  spaces  created  by  the  intersection  of 
streets,  crosswalks  and  sidewalks  in  said  city  with  stones,  wood,  brick 
or  other  material;  and  the  common  council  shall  have  full  power  and 
authority  t©  provide  for  the  paying  the  costs  and  expenses  thereof,  by 
assessment  in  such  manner  as  shall  be  prescribed  by  law,  which  assess- 
ment shall  be  a  lien,  until  paid,  on  the  lot,  lots  or  premises  on  which  the 
same  are  bounded,  and  shall  be  collected  in  such  manner  as  shall  be 

Proviso  as  to 

re-paving,  etc.  authorized  by  law:  Provided,  That  the  costs  and  expenses  of  all  re- 
paving  and  repairing  of  streets,  avenues  and  highways  within  the  city 
shall  be  paid  by  the  city  out  of  the  repairing  fund  created  and  raised 
for  such  purpose.  The  said  common  council  may  also  provide  for 
working  and  improving  all  highways,  streets,  avenues,  lanes,  alleys 
and  public  spaces  within  said  city,  and  may  assess  and  levy  upon  the 
taxable  property  within  said  city,  and  expend  such  highway  taxes 
therefor  as  may  be  necessary,  and  may  elect  whether  the  same  shall 
be  collected  in  money  or  labor  in  such  amount  as  the  common  council 
shall  prescribe  for  each  ward  respectively:    Provided,  Such  highway 

♦See  Note  6  Appendix. 


CHARTER   OF   THE   CITY   OF   DETROIT.  63 

common  council:  how  constituted,  powers  and  duties.  Chapter  7 


taxes  shall  not  in  amount  exceed  the  rates  now  fixed  by  law,   and  the  Proviso  as  to 

amount  or  tax. 

same  shall  be  assessed,  levied  and  collected  as  other  taxes.  (As 
amended  by  Act  approved  June  24,  1887.) 

(S  122.)    Sec.  34.     Said  council  shall  also  have  power  to  provide 

v°  '  Cleaning 

for  cleaning  the  highways,  streets,   avenues,   lanes,  alleys,    public  streets> etc- 

grounds  and  squares,  crosswalks  and  sidewalks  in  said  city,  of  dirt, 

mud,  filth  and  other  substances,  and   for  selling  or  otherwise  dis-  Disposal  of 

garbage,  etc. 

posing  of  the  same,  and  of  all  earth  to  be  removed  therefrom,  or  from 
the  public  squares  and  grounds  of  said  city,  in  grading,  paving  or 
otherwise  improving  the  same.     It   shall  further  have  power  to  pro- 

1  °  To  prohibit 

hibit  and  prevent  incumbering  or  obstructing  streets,  lanes,  alleys,  stretts.'etc?8' 
crosswalks,  sidewalks  and  all  public  grounds  and  spaces  with  vehi- 
cles, animals,  boxes,  signs,  barrels,  posts,  buildings,  dirt,  stones,  brick 
and  all  other  materials  or  things  whatsoever,  of  every  kind  and  na- 
ture, and  to  remove  the  same  therefrom;  to  prevent  the  exhibitions  of 
signs  on  canvass  or  otherwise  in  or  upon   any  vehicle  standing  or  Signs. 
traveling  upon  the  streets  and  public   grounds  of  said  city;  to   con- 
trol, prescribe  and  regulate  the  mode  of  constructing  and  suspending 
awnings,  and  the  exhibition  and  suspension  of  signs  therein;  to  com-  Awnings. 
pel,  within  such  limits  or  along  such  streets  in  said  city  as  the  com- 
mon council  shall  prescribe,  all  owners  or  occupants  of  lots,  blocks  or 
parcels  of  land  within  said  limits  or  along  said  streets  to  clear  the  To  compel 

1  °  clearing  walks- 

sidewalks  in  front  of  and  adjacent  thereto  of  snow,  ice,  dirt,  mud,  °  snow>  etc- 
boxes  and  every  incumbrance  or  obstruction  thereon,  and  in  case  of 
land  owned  by  non-residents,  and  of  land  belonging  to  churches,  cor- 
porations, charitable  and  other  like  associations,  and. of  lands  in  the 
hands  or  control  of  executors,  administrators,  guardians,  assignees, 
trustees  or  agents,  and  in  all  other  cases  where  such  snow,  ice,  dirt, 
mud,  boxes,  incumbrance  or  obstruction,  is  or  are  not  removed  within 
the  time  required  and  prescribed  by  ordinance,  the  common  council 
shall  have  full  power  to  cause  the  removal  of  the  same,  and  cause  the 


CH  \KTKR  OF  THK  CITY  OK  DETROIT. 


common   i  oincii  :    now  i  (INSTITUTED,  POWERS  and  DUTIES. 


Sprinkling 
streets,  etc. 


expense  of  such  removal  to  be  assessed,  levied  and  collected  from  the 

abutting   property,  in  thfe  same   manner  as  assessments  are   made, 

ley  Led  and  collected  for  the  repair  and  construction  of  sidewalks,  and 

Assessments      any  assessment  so  made  shall  become  a  lien  upon  the  property  as- 
to  be  liens. 

sessed  at  the  time  when  the  same  is  due  and  payable;  also  to  control, 

sheets  etc.  prescribe  and  regulate  the  manner  in  which  the  highways,  streets, 
avenues,  lanes,  alleys,  and  public  grounds  and  spaces  within  said  city 
shall  be  used  and  enjoyed;  also  to  provide  for  sprinkling  the  streets 
and  public  places  in  said  city,  or  any  portion  thereof,  not  less  than 
one  block,  upon  a  petition  of  a  majority  of  the  persons  owniDg  the 
lots  and  parcels  of  land  abutting  the  same,  and  to  assess  and  collect 
the  expense  of  such  sprinkling  upon  and  from  such  lots  and  parcels 
of  land,  in  the  same  manner  as  assessments  are  made  and  collected 
for  paving  streets  in  said  city;  also  to  establish  fire  limits  in  said  city, 
and  from  time  to  time  to  enlarge  the  same,  and  to  prohibit  and  pre- 
vent the  location  and  establishment  of  any  yard  for  the  sale  or  storage 
of  lumber;  also  to  prohibit  and  prevent  the  location  or  construction 
of  any  wooden  frame  house,  store,  shop  or  other  building  on  such 
streets,  alleys  or  places,  or  within  such  limits  in  said  city  as  the  com- 
mon council  may  from  time  to  time  prescribe:  to  prohibit  and  pre- 
vent the  removing  of  wooden  and  frame  buildings  from  any  part  of 
said  city  to  any  lots  on  such  street,  alleys  and  places  within  said 
limits,  and  the  rebuilding  and  repairing  of  the  same;  and  to  direct 
and  regulate  the  planting,  and  provide  for  the  preservation  of  orna- 
mental trees  on  said  highways,  or  said  avenues,  streets  and  public 
places;  to  provide  for  and  regulate  the  lighting  of  said  avenues, 
streets  and  public  places,  and  the  erection  of  lamps  and  lamp  posts 
therein;  to  prohibit  and  prevent  racing  or  fast  and  dangerous  driving 
and  riding  therein;  to  prohibit  and  prevent  the  circulating,  distribut- 
ing and  giving  away  of  circulars,  handbills  or  advertising  cards  of 
any  description  in  or  upon  any  of  the  avenues,  streets,  alleys  or  public 


Fire  limits. 


Construction  of 

wooden 

building's. 


Trees. 


Lighting- 
streets,  etc. 


Racing. 


Circulars, 
handbills,  etc. 


;  CHARTER    OF   THE   CITY   OF    DETROIT.  65 


common   council:  how  constituted,  powers  and  duties.  Chapter  7 


places  in  said  city  in  a  manner  having  a  tendency  to  frighten  horses, 

and  also  to  prohibit  and  prevent  the  flying  of  kites,  and  all  practices,  flying  kitos- 

aniusements  and  doings  in  said  city  having  a  tendency  to  frighten 

teams  and  horses,  or  dangerous  to  life  or  property;   to  remove  or 

Removal  of 

cause  to  be  removed  all  walls  and  other  structures  that  may  be  liable  danserOLts 

J  structures. 

to  fall  therein,  or  otherwise  so  as  to  endanger  life  or  property;  to 

,  ,  1  ,       .  .  Inspection  of 

compel  and  regulate  the  inspection  of  all  steam  boilers  used  in  said  boilers, 
city  for  operating  machinery,  or  [for  heating  purposes,  and  to  require 
and  compel  all  engineers  and  persons  in  charge  of,  operating  or  using 
steam  boilers  for  any  of  the  purposes  above  named,  to  be  licensed, 
and  to  give  security  for  faithful  performance  of  duty  in  such  sum  as 
the  said  common  council  shall  prescribe;  to  compel  persons  to  fasten 

Ftistcnin°* 

or  secure  their  horses,  oxen  or  other  animals  attached  to  vehicles,  or  horses,  etc. 

otherwise,  while  standing  or  remaining  in  the  streets,  lanes  or  alleys 

of  said  city;  to  prevent  persons  from  driving  vehicles,  or  otherwise,  Driving  on 

.,         .  ,  , ,  „  ,  sidewalks,  etc. 

upon  or  across  the  sidewalks  thereof;  and  said  council  shall  also  have 

power  to  license  and  regulate,  by  ordinance,  the  keeping  and  main- 
tenance of  intelligence  oflices,  and  to  require  the  person  in  charge  of 
and  conducting  such  offices  to  furnish  a  good  and  satisfactory  bond 
for  the  due  observance  of  the  charter  and  ordinances  of  said  city. 
(As  amended  by  Act  approved  June  29,  1889.) 

(§123.)    Sec  35.     The  council   may  regulate  the  ringing  of  bells 
and  the  blowing  of  steam  whistles  ;  and  may  provide  for  the  Dro-  ?V?gi?s  of 

K         bells,  blowing 
hibition  and  prevention  of  any  riot,  rout,  disorderly  noise,  disturbance,  disOTderiyS' 

.,  .,  .  „  ,      .  conduct. 

or  assemblage,  or  the  crying  of  any  goods  in  the  streets  or  elsewhere 
in  said  city,  or  the  exhibition  of  fireworks  and  linns'  of  cannon   or  anv  ~ 

0  »  J    Firearms. 

fireworks  dangerous  to  life  or  property,  within  the  limits  of  said  cor- 
poration.    It  may  also  prohibit  and  prevent  in  the  streets  or  elsewhere 

Indecent  ex- 
it) said  city  indecent  exposure  of  the  person,  the  show,  sale  or  ex- posureof  person 

hibition  for  sale  of  indecent  or  obscene  pictures,  drawings,  engravings,  Obscene  pic- 

.      .  ,  ,  ,  ,  tures,  books, etc 

paintings,  and  books  and  pamphlets,  and  all  indecent  or  obscene  ex- 


66 


CHAKTKK    OK    TIIH    CITY    OK    DETROIT. 


Iy.l  e  and 


i  i  .  \i  \i,   \    COUNCIL!    HOW  CONSTIT1    rED,  POWERS   iNDDI   ins. 


hiliitions  ami  shows  of   every  kind,  ami  may  provide   for   the   general 

peace,  order  ami  good  government  of  said  city. 


Order  on 


Ai  ri>  .il  and 
departure  of 

cars,  etc. 


Regulate 
drn  irs, 
hackmen,  etc. 


Sale  of  wood 
and  coal. 


Regulate 
driving  or 
running  at 
large  of  cuttle, 
etc. :  and  im- 
pound same. 


Dogs. 


(§  124.)  SBC.  36.  The  common  council  shall  have  power  to 
preserve  quiet  and  order  on  the  docks  and  in  the  streets  of  said  city, 
al  the  arrival  and  departure  of  railroad  cars,  steamboats,  and  other 
vessels,  and  prescribe  and  regulate  the  manner  and  place  in  which 
drivers,  porters,  runners,  solicitors,  agents,  and  baggage  collectors  for 
hotels  or  public  houses,  or  express  companies,  draymen,  cabmen,  cart- 
men,  hackmen,  omnibus  drivers,  and  solicitors  for  passengers,  or  for 
baggage,  with  their  drays,  carts,  cabs,  carriages,  sleighs,  or  other 
vehicles  shall  stand,  and  to  prohibit  or  prevent  them  from  entering  or 
driving  within  any  railroad  depot,  or  upon  any  wharf  or  dock,  or  en- 
tering upon  any  steamboat  or  other  vessel,  to  solicit  passengers  or 
luggage.  It  majr  also  prescribe  places  or  stands  in  the  streets  of  said 
city  within  wThich  drays,  carts,  cabs,  hacks,  coaches,  carriages,  sleighs, 
sleds  and  other  vehicles  may  stand  and  be  kept  for  hire,  and  within 
which  loads  of  wood,  coal,  hay  and  other  articles  may  be  kept  for 
sale,  and  to  regulate  such  stands  and  places. 

(§  125.)  Sec.  37.  The  common  council  shall  have  powTer  to  pro- 
hibit and  prevent,  or  regulate  the  leading  and  driving,  or  running  at 
large,  of  cattle,  horses,  asses,  mules,  swine,  sheep,  goats,  geese,  and 
domestic  fowls,  in  the  streets  or  elsewhere  in  said  city,  and  to  im- 
pound the  same  when  running  at  large,  in  one  or  more  sufficient 
pounds,  to  be  provided  and  maintained  by  the  city,  and  to  sell  the 
same  to  pay  the  cost  of  proceedings,  and  any  penalty  thereby  in- 
curred, rendering  the  surplus,  if  any,  to  the  owner.  It  may  also  pro- 
hibit and  prevent,  or  regulate  the  keeping  and  harboring  of  fierce  and 
vicious  dogs,  and  prevent  or  regulate  the  running  at  large  of  dogs,  or 
require  them  to  be  muzzled,  and  may  authorize  their  destruction. 


CHARTER    OK   THE    CITY   OF    DETROIT.  67 


common  council:  how  constituted,  powers  and  duties.  Chapter  7 


(§  126.)     Sec.  38.     The  common  council  may  establish,  construct,  Construct, 

maintain. 

maintain,   repair,   enlarge    and    discontinue    within    the    highways  $ose,  etc., 

=  J    '  drains  or 

streets,  avenues,  lanes,  alleys,  and  public  places  of  said  city,  such  sewers- 
bridges,  culverts,  sewers,  drains  and  lateral  sewers  and  drains,  as  the 
common  council  may  see  fit,  with  a  view  to  the  proper  sewerage  and 
-drainage  of  said  city,  and  may  compel  the  owners  of  all  occupied 
lots,  premises,  and  subdivisions  thereof,  within  said  city,  to  construct 
private  drains  or  sewers  therefrom,  to  connect  with  some  public  sewer 
or  drain  ;  said  private  drains  and  sewers  shall  be  constructed  in  such 
manner,  and  of  such  form  and  dimensions,  and  under  such  regula- 
tions as  the  common  council  shall  prescribe. 

(§  127.)    Sec.  39.     The  common  council  shall  have  powder  to  sur-  Ascertain 

boundaries  of 

vey,  ascertain  and  establish  the   boundaries  of  all  highways,   streets,  highways. 
avenues,  lanes,  alleys,  public  parks,  squares  and  spaces   in  said  city, 

Numb 

igs. 


and  to  provide  for  and  enforce  the  numbering  of  the  buildings   there-  buUdin/ 


on;  to  prohibit  and  remove  all  encroachments  upon   and  obstructions 

Obstructions. 

in  the  same,  by  buildings,  fences,  or  in  any  other  manner. 

(§  128.)     Sec.  40.    The  said  council  may  provide  for  the  draining 

°  Drainage  of 

of  any  swamp,  marsh,  wet  or  low  lands  in  said  city,  or  within  the  dis-  low  lands'  etc 
tance  of  three  miles  therefrom,  by  the  opening  of  ditches;  but  a  jury 
of  not  less  than  twelve  disinterested  freeholders  of  the  County  of 
Wayne,  before  any  proposed  ditch  can  be  opened,  shall  ascertain  that 
the  opening  thereof  is  necessary  or  proper;  also,  whether  the  benefits 
which  will  accrue  to  the  owner  or  owners  of  any  lands,  from  the  open- 
ing of  the  ditch,  will  or  will  not  be  equal  to  any  damages  he  or  they 
will  sustain  thereby.  If  such  benefits  are  exceeded  by  the  damages 
they  shall  ascertain  and  certify  the  damages  to  which  the  owner  or 
owners  will  be  entitled,  after  deducting  therefrom  the  amount  of 
benefits  their  lands  will  receive  from  the  opening  of  the  proposed 
ditch.  On  payment  or  tender  of  the  damages  thus  ascertained  an  ' 
certified,  the  common  council  shall  have  power  to  enter  upon  anv  land 


68  CHARTER   OF   THE   CITY   OH    DETROIT. 


Chapter  7.  common  counch     how  constituted,  powers  and  di  ties. 


through  which  the  proposed  ditch  will  run,  with  the  necessary  agents, 
teams  and  implements,  to  cut  and  open  said  ditch;  to  protect,  clean 
and  scour  it  from  time  to  time,  so  as  to  preserve  its  original  dimen- 
sions, and  to  prohibit  and  prevent  all  obstructions  thereof  or  injury 
thereto.  In  empaneling  said  jury,  the  right  of  challenge  shall  be 
preserved  as  in  ordinary  civil  cases.  No  more  than  two  peremptory 
challenges  shall  be  allowed  to  the  city,  and  a  like  number  to  the  per- 
son or  to  the  parties  collectively,  whose  lands  are  to  be  affected  by  the 
proceeding.  The  challenge  to  the  array  shall  be  in  writing,  and  shall 
distinctly  state  the  reasons  therefor. 


(§  129.)     Sec.   41.     The  common    council   shall   have   power   to 
Power  to  pur- 
chase and  sell     purchase   real   estate   for  the   use  of  said  corporation,  for  corporate 
real  estate  and     * 

mortgage  same.  purpOSeg)  anfj  to  execute  mortgages  of  the  same,  for  any  balance 

which  may  remain  unpaid  on  the  purchase  money  paid  for  such  real 

estate.    They  shall  also  have  power  to  purchase  and  control  land  for 

cemetery  purposes,  either  within  or  without  the  corporate  limits  of 
Cemetery. 

said  city  ;  erect  or  provide  for  the  erection  of  al!   needful   buildings 

and  offices  for  the  use  of  the  corporation  or  of  its  officers,  and  to  con- 
trol and  regulate  the  same  ;  to  establish,  organize,  and  maintain  an 
alms-house  and  a  hospital ;  to  purchase  the  necessary  grounds,  and 

Establish  Alms 

Houses,  etc.       erect  and  provide  for  erecting  the  necessary  buildings  therefor,  either 

within  or  without  the  city  limits,  and  to  use,  control  and  regulate  the 

same  as  fully  as  though  located  within  such  limits  ;  and  for  such 

purchase  of  hospital  grounds,  and  for  the  erection  of  hospital  build- 

propriate   P       ings,  the  said  common  council  shall  have   power  to  expend  and  ap 

815,000  from 

contingent         propriate  out  of  the  contingent  fund  of  said  city,  a  sum  not  exceeding 

I'und  for 

Hospital.  fifteen  thousand  dollars  ;  to  establish  and  build  jails,  workhouses  and 

House  of  houses  of  correction  for  the  confinement  of  offenders;  to  erect  and 

Correction. 

provide  for  erecting  the  necessary  buildings  therefor,  and  control  and 
regulate  the  same  ;  to  appoint  all  necessary  officers  for  taking  charge 
of  the   same,   and   of   persons  confined  therein  ;   to   prescribe   their 


CHARTER   OF   THE    CITY    OK    DETROIT.  69 

oommon  council:  how  constituted,  powers  and  duties.  Chapter  7 


powers  and  duties,  and  provide  for  their  removal  from   office  and  the 

fillino-  of  vacancies;  to  erect  and  maintain  market  houses  ;  establish  Market  h°»ses 

markets  and  market  places  ;  to  lease  market  stalls,  booths  and  stands  ; 

to  provide  fully   for  the   good   government  and  regulations  thereof,  Lease  Market 

and  to  prohibit,  prevent  and  punish  forestalling  and  regrating. 

(§  130.)  Sec.  42.  The  council  shall  have  power  to  provide  for 
the  preservation  of  the  general  health  of  the  inhabitants  of  said  city; 
to  make  regulations  to  secure  the  same;  to  prevent  the  introduction 
or  spreading  of  contagious  or  infectious  diseases;  to  prevent  and  sup-  Ct°nt^<,',l'^.., 
press  disease  generally,  and,  if  deemed  necessary,  to  establish  a  board 
of  health,  and  prescribe  and  regulate  its  powers  and  duties;  to  pro- 
hibit, prevent,  abate  and  remove  all  nuisances  in  said  city,  or  within 
the  distance  therefrom  of  half  a  mile,  and  to  punish  the  authors  or 
maintainers  thereof,  and  authorize  and  direct  the  speedy  or  immediate 
abatement  or  removal  of  nuisances  by  some  officer  of  said  citv.     If,  Re.'"ov'"g 

*  **  nuisances. 

in  order  to  abate  or  remove  any  nuisance,  the  common  council  shall 
deem  it  necessary  to  fill  up,  level,  or  drain  any  lot  or  premises,  they 
shall  have  power  so  to  do;  to  assess  the  costs  and  expenses  of  such 
filling,  leveling  or  draining,  and  impose  the  same  as  an  assessment  or 
tax  on  said  lot  or  premises,  which  shall  be  a  lien  thereon  till  paid, 
and  shall  be  collected  in  the  same  manner  as  other  taxes  and  assess- 
ments levied  and  imposed  by  authority  of  the  common  council;  it 
shall  also  have  power  and  authority  to  compel  the  owner  or  occupant 
of  any  grocery,  cellar,  tallow  chandler's  shop,  soap,  candle,  starch  or 
glue  factory,  tannery,  butcher's  shop  or  stall,  slaughter-house,  stable, 
barn,  privy,  sewer  or  other  unwholesome  or  nauseous  house  or  place, 
to  cleanse  or  abate  the  same  whenever  necessary  for  the  health,  com- 
for,t  or  convenience  of  the  inhabitants  of  said  city;  to  prohibit  and 
prevent  any  person  from  burying,  depositing  or  leaving  within  the 
limits  of  said  city,  or  within  one  mile  distant  therefrom,  or  keeping, 
or  having  on  the  premises  owned  or  occupied  by  him  in  said  city,  any 


CHARTER   OF   THE   CITV   OK    DETROIT. 


(  I  IMMON  COUNCIL:     how  CONSTITUTED,  POWEKS  AND  DU  l"IES. 


Dead  carcasses  dead  carcass,  putrid  or  unsound  beef,  pork,  fish,  hides  and  skins,  and 

and  putrid 

m  'tter.  any  article,  substance  or  thing  that  is  unwholesome  or  nauseous,  and 

to  compel  and  authorize  the  removal  thereof  by  some  officer  of  said 

city,  or  to   compel   any  person   so   bringing,  depositing  or  leaving 

within  the  limits  of  said  city,  or  within  one  mile  distant  therefrom, 

or  keeping  or  having  on  the  premises  owned  or  occupied  by  him  in 

said  city,  any  dead  carcass,  putrid  or  unsound  beef,  pork,  fish,  hides 

and  skins,  and  any  article,  substance  or  thing  that  is  unwholesome  or 

nauseous,  and  to  compel  and  authorize  the  removal  thereof  by  some 

officer  of  said  city,  or  to  compel  any  person  so  bringing,  depositing  or 

leaving  the  same  within  the  limits  of  said  city,  or  one  mile  distant 

therefrom,  or  having  or  keeping  the  same  on  the  premises  owned  or 

occupied  by  him  in  said  city,  to  remove  the  same.     The  common 

council  is  also  empowered  to  enact  and  provide  by  appropriate  ordi- 

Garbage,  nance   for  the   manner   of   collecting,   transporting,  conveying  and 

removal  of,  etc. 

handling  of  garbage  and  all  animal  and  vegetable  matter  ana  refuse 
in  said  city.  Also  to  prohibit  the  feeding  of  the  same  to  animals 
within  said  city;  and  to  require  all  persons  in  said  city  to  dispose  of 
the  same  in  the  manner  provided  by  said  common  council  in  said  or- 
dinance for  the  removal  and  destruction  thereof,  and  to  impose  and: 
enforce  appropriate  penalties  for  any  violation  of  said  ordinance. 
(as  amended  by  Act  approved  June  17,  1889.) 

(§  131.)  Sec.  43.  The  said  council  may  direct  and  regulate  the 
sJinkasrandhpS'  construction  of  cellars,  slips,  barns,  private  drains,  sinks  and  privies, 
compel  the  owner  or  occupant  to  fill  up,  drain,  cleanse,  alter,  relay  or 
repair  the  same,  or  cause  the  same  to  be  done  by  some  officer  of  the 
corporation  and  assess  the  expenses  thereof  on  the  lot  or  premises 
having  such  cellar,  slips,  barn,  private  drain,  sink  or  privy  thereon, , 
which  assessment  shall  be  a  lien  on  such  lot  or  premises,  and  be  col- 
lected in  the  same  manner  as  other  assessments  imposed; by  authority, 
of  the  common  council.     It  may  also  direct  and  regulate- the  construe;- 


privies. 


CHARTER    OF   THE    CITY    OF    DETROIT.  Jl 

common  council:  how  constituted,  powers  and  duties.  Chapter  '•' 


tion  of  lateral  sewers  or  drains,  for  the  purpose  of  more  effectually  Lateral  sewers 
draining  all  lots,  or  cellars,  yards  and  sinks  within  the  limits  of  said 
city,  whenever,  in  their  opinion,  the  same  shall  be  necessary.  Such 
lateral  sewers  or  drains  shall  be  laid  or  constructed  through  any  of 
the  streets  or  alleys  adjoining,  or  in  front  of  the  premises  through 
which  sewers  or  drains  shall  be  ordered  constructed,  and  assess  the  ex- 
penses thereof  on  such  lots  or  premises  benefited  thereby,  which  as-  ^^|*™ents 
sessment  shall  be  a  lien  on  such  lots  or  premises  until  paid,  and  be 
collected  in  the  same  manner  as  other  assessments  imposed  by  au- 
thority of  the  council. 

(§  132.)    Sec.  44.     The  common  council  may  regulate  the  keep-  Keeping 

powder. 

ing  and  conveyance,  in  said  city,  of  powder  and  other  combustible  or 
dangerous  articles,  and  the  use  and  kind  of  lights  or  lamps  to  be  used 
in  barns,  stables,  and  all  buildings  and  establishments  usually  regard- 
ed as  extra  hazardous  in  respect  to  fire  ;  and  shall  have  power  to  pro- 
hibit and  prevent,  within  certain  limits  in  said  city,  to  be  determined 

Location  of 

bv  the  common  couucil,  the  location  or  construction  of  buildings  for  Buildings  to  be 

used  for  busi- 

the  storing  of  powder,  powder  factories,  tanneries,   distilleries,  build-  {J^l^f™^ 

,    .  ,  ,  life  or  health. 

ings  for  the  manufacture  or  storing  of  turpentine,  camphene  and 
dangerous  or  easily  inflammable  or  explosive  substances,  .-laughter- 
houses  and  yards,  butchering  shops,  soap,  candle,  starch  and  glue 
factories,  establishments  for  steaming  or  rendering  lard,  tallow,  offal, 
aud  such  other  substances  as  can  be  rendered  into  tallow,  lard  or  oil, 
and  all  establisments  where  any  nauseous,  offensive  or  unwholesome 
business  may  be  carried  on.  And  such  buildings,  factories,  shops  and 
establishments  as  aforesaid,  now  or  hereafter  to  be  constructed  in  said 
city,  whether  within  or  without  the  limits,  to  be  determined  as  afore- 
said, together  with  blacksmith  shops,  founderies,  cooper  shops,  steam 
boiler  factories,  carpenter  shops,  planing  establishments,  breweries, 
and  all  buildings  and  establishments  usually  regarded  as  extra  hazard- 
ous in  respect  to  fire,  shall  be  subject  to  such  regulations  in   relation 


72 


C11AKTKK    OF    THK   CITY    OF    HKTROIT. 


.  OMMON    COl  Mil  :    now  CONSTITUTED,  POWERS  and  Dt   His. 


Safeguards 
j;.uii<i  fire. 


Wooden 

buildings, 

iction, 
rig,  etc. 


Partition 

fences. 


Chimneys, 
boilers,  etc. 


Ashes. 


Safeguards 
against  fire. 


to  their  construction  and  management  as  the  common  council  may 
make,  with  a  view  to  the  protection  of  any  property  from  injury  by 
fire,  or  to  the  health  and  safety  of  the  inhabitants  of  the  city,  and  to 
prevent  their  becoming  in  any  way  a  nuisance. 

(§  183.)  Sec.  45.  The  common  council  is  authorized  to  prevent 
the  building  or  repairing  of  wooden  buildings  on  said  streets,  alleys 
and  places,  or  within  said  limits,  when  damaged  by  fire  and  other- 
wise ;  to  regulate  the  construction  of  stone  or  brick  buildings,  of  par- 
tition fences,  and  of  partition  or  parapet  walls,  the  thickness  of  walls; 
to  regulate  the  construction  of  chimneys,  hearths,  fire-places,  fire- 
arches,  ovens,  and  the  putting  up  of  stoves,  stove-pipes,  kettles,  boil- 
ers, or  any  structure  or  apparatus  that  may  be  dangerous  in  causing 
or  promoting  fires  ;  to  prohibit  and  prevent  the  burning  out  of  chim- 
neys and  chimney  flues  ,  to  compel  and  regulate  the  cleaning  thereof, 
and  to  fix  the  fees  thereof  ;  to  compel  and  regulate  the  construction 
of  ash  houses,  or  deposits  for  ashes  ;  to  compel  the  owners  of  houses 
and  other  buildings  to  have  scuttles  upon  the  roofs  thereof,  and  stairs 
or  ladders  leading  to  the  sames  ;  to  appoint  one  or  more  officers  to 
enter  into  all  buildings  and  enclosures  to  discover  whether  the  same 
are  in  a  dangerous  state,  and  to  cause  such  as  are  iu  a  dangerous  state 

to  be  put  in  a  safe  condition  ;  to  authorize  any  of  the  officers  of  the 

« 
city  to  keep  away  from  the  vicinity  of  a  fire  all  idle  or  suspicious  per- 
sons, and  to  compel  all  officers  of  the  city,  and  other  persons,  to  aid 
in  the  extinguishment  of  fires,  and  in  the  preservation  of  property  ex- 
posed to  danger  therefrom. 


Bathing  or 
swimming  in 

river. 


Indecent 
exposure. 


(§  134.)  Sec.  46.  The  common  council  is  hereby  empowered  to 
prohibit  and  prevent,  or  regulate  bathing  and  swimming  in  any  of 
the  waters  in  and  adjoining  said  city,  determine  the  times  and  places 
thereof,  and  prohibit  and  prevent  any  obscene  or  indecent  exhibition, 
exposure  or  conduct  thereat;  and  may  also  license  and  regulate  pub- 


CHARTER   OF    THE   CITY   OK    DETROIT.  73 

common  council:  how  constituted,  powers  and  duties.  Chapter  7 


lie  bath-houses  or  bath-rooms  on  laud,  and   any  public  floating  bath-  License  bath- 

J   *  houses. 

house,  or  bath-rooms,  or  vessels  on  the  Detroit  river. 

(§  135.)     Sec.  47.     The  common  council   may  prohibit,  prevent  Houses  of 

ill-fame. 

and  suppress  the  keeping  and  leasing  of  houses  of  ill-fame,  or  assig- 
nation, or  for  the  resort  of  common  prostitutes,  disorderly  houses,  and 
disorderlj'  groceries.  It  may  restrain,  suppress  and  punish  the  keep- 
ers thereof,  and  the  owners  and  lessors  of  such  premises;  it  may  pun- 
ish, restrain  and  prevent  common  prostitutes,  vagrants,  mendicants,  vagrants 
street  beggars,  drunken  or  disorderly  persons.     The  common  council 

may  also  prohibit,  prevent  aud  suppress  mock  auctions  of  every  kind 

J  ^  '  *  * F  J  Mock  auctions 

of  fraudulent  device  or  practice,  and  punish  all   persons,  managing,  f^^ulent 

.    .  .  devices  and 

using,  practicing,  or  attempting  to  manage,  use  or  practice  the  same;  games, 
and  all  persons  aiding  in  the  management,  use  or  practice  thereof. 

(§  136.)     Sec.  48.     The  said  council    shall   have  power  to  pro- Unsound  fisl) 

,.,  .  ,  ,  ,.,,.  meat  and   other 

hibit,  prevent  and  suppress  the  sale  of  every  kind  of  unsound,  nause-  diet. 
ous  and  unwholesome,  meat,  poultry,  fish;  vegetables,  or  other  arti- 
cles of  food  and  provisions,  and  impure  or  spurious  wines  and  spuri-  intoxjcat;ne 
ous  liquors,  and  to  punish  all  persons  who  ahall  knowingly  sell  the 
same,  or  offer  to  keep  the  same  for  sale;  to  prohibit  and  prevent  per- 
sons from  selling  or  giving  away  ardent  spirits,  or  other  intoxicating 
liquors,  to  any  chi'd,  apprentice  or  servant  without  the  consent  of  his 
or  her  parent,  guardian,  master  or  mistress;  to  license  and  regulate 
the  selling  or  giving  away  of  any  ardent  spirits  or  any  other  intoxi- 
cating liquors  by  any  shop-keeper,  trader,  grocer,  inn,  hotel  or  tavern- 
keeper,  keeper  of  any  ordinary  saloon,  recess,  victualing  or  other 
house,  or  by  any  other  person,  in  case  the  selling  or  giving  away  of 
ardent  spirits  or  other  intoxicating  liquors,  and  licensing  the  sale 
thereof,  shall  hereafter  be  authorized  by  the  law  of  the  State. 

(§  137.),    Sec.  49.     The  common  eouucil  shall  have  power  to  pro- 

( raminp. 
hibit,   restrain   and    prevent   persons    from  gaming  with  cards,  dice, 


74  CHARTER    OF    THE   CITV   OF    DETROIT. 

Chapter  7.  common  counch     how  constituted,  powers  and  duties. 


Pools. 


billiards,  nine  or  ten  pin  alleys;  wheels  of  fortune,  boxes,  machines 
or  other  instruments  or  devices  whatsover,  in  any  grocery,  store,  shop 
or  any  other  place  in  said  city;  to  punish  the  persons  keeping  the 
building,  instruments  or  means  for  such  gaming,  and  compel  the  de- 
struction of  the  same.  It  may  license  and  regulate  keepers  of  bil- 
liard tallies,  pin  alleys,  nine  or  ten  pin  alleys,  but  not  for  the  purpose 
of  gaming.  It  may  also  prohibit,  prevent  and  suppress  all  lotteries 
for  the  drawing  and  disposing  of  money,  or  any  other  property  what- 
soever, and  punish  all  persons  maintaining,  directing  or  managing 
the  same,  or  aiding  in  the  maintenance,  direction  or  management 
thereof.  The  council  shall  also  have  power  to  regulate  or  prohibit, 
prevent  and  suppress  pool  selling,  or  the  keeping  of  pool-rooms  or 
places,  or  the  keeping  of  houses,  rooms  or  places  resorted  to  for  the 
purpose  of  betting  on  base  ball  games,  horse  races,  or  any  other  bet- 
ting whatever. 

Public  houses,  /s  138  )     Sec    50.     The   common  council  shall   have   power  to 

taverns,  etc.  ° 

license  and  regulate  the  keepers  of  hotels,  taverns  and  other  public- 
houses,  grocers,  and  keepers  of  ordinaries,  saloons,  victualing  or 
other  house3  or  places  for  furnishing  meals,  food  or  drink;  also  so- 
licitors of  passengers  or  for  baggage  for  the  benefit  of  any  hotel,, 
tavern,  public  house,  boat  or  railroad;  also  draymen,  carmen,  truck- 
men, porters,  runners,  drivers  of  cabs,  hackney  coaches,  omnibuses, 
carriages,  sleighs,  express  vehicles,  and  vehicles  of  every  other  de- 
scription used  and  employed  for  hire,  and  to  fix  and  regulate  the 
amounts  and  rates  of  compensation. 

Auctioneers,  (S  139.)     Sec  51.     The  said  council  may  also  license  and  regulate 

peddlers,  et<  . 

auctioneers,   hawkers,    peddlers,   newsboys,   shoeblacks,   bootblacks, 

pawnbrokers,  the  keepers  of  junk  shops,  second-hand  stores,  and 
places  for  the  buying  or  selling  of  second-hand  goods;  and  regulate 
auctions,  hawking,  peddling,  pawnbrokerage  and  the  buying  or  sell- 
ing of  old   junk  or  second-hand  goods  or  materials;  also  the  peddling 


1  Intel  runners, 
hackmen,  etc. 


CHARTER    OF   THE    CITY   OE    DETROIT.  75 


COMMON    COUNCIL:    HOW  CONSTITUTED,  POWERS  AND  DUTI  LS. 


or  hawking  of  fruits,  nuts,  cakes  or  refreshments,  jewelry,  merchandise, 

goods  and  other  property  whatsoever,  by  hand,  hand-cart,  show-case, 

show-stand  or  otherwise  in  the  public  streets  or  places;  also  butchers 

and  the  keepers  of  shops,  stalls,  booths  or  stands  at  markets  or  at  any  St.ll!s  ;mJ 

other  place  in  said  city,  for  the  sale  of  any  kind  of  meat,  fish,  poultry, 

vegetables,  food  or  provisious.     It  shall  also  have  power  to  licence 

and  regulate  dance  halls  and  other  halls  or  buildings  used  for  public  "an,"sceetc 

assemblages;  and  to  license  and  regulate  or  suppress  hucksters,  and 

Hucksters,  . 

prohibit  and  prevent,  or  license  and  regulate,  the  public  exhibition  of 
itinerant   persons   or  companies,  of   natural  or  artificial  curiosities  Shows. 
caravans,  circuses,  menageries,  theatrical  representations,   concerts, 
musical  entertainments,  exhibitions  [of]  or  common  showmen,  and 
shows  of  any  kind.     (As  amended  by  Act  approved  June  29,  1889.) 

(8  140.1     Sec.  52.     The  common  council  shall  have  power  to  ap-  inspectors 

<j  '  and  gaugers. 

point  one  or  more  inspectors,  measurers,  weighers  and  gaugers  of  ar- 
ticles to  be  measured,  inspected,  weighed  and  gauged  ;  and  to  pre- 
scribe and  regulate  their  powers  and  duties,  fees  and  compensation  ; 
to  direct  and  regulate  the  weight  and  quantity  of  bread,  the  size  of  the 
loaf,  and  the  inspecting  thereof  ;  the  inspecting  and  measuring  of 
wood,  lumber,  shingles,  timber,  posts,  stones,  heading,  and  all  build- 
ing materials;  the  inspecting,  measuring  and  weighing  of  coke,  and  all 
kinds  of  coal  ;  the  inspecting  and  weighing  of  hay  ;  the  inspecting  of 
vegetables,  fresh,  dried,  smoked,  salted,  pickled  and  other  meat,  or 
fish,  poultry,  butter,  lard,  and  other  food  or  provisions  to  be  sold  ;.t 
wholesale  or  retail ;  the  inspecting  and  weighing  of  flour,  meal,  pork, 
beef,  and  all  other  food  or  provisions,  and  salt,  to  be  sold  in  half  bar- 
rels, barrels,  casks,  hogsheads,  boxes,  or  other  packages  ;  and  the  in- 
specting and  giuging  of  oils,  wines,  whiskey,  malt  aud  spirituous 
liquors  to  be  S".d  at  whole-ale  or  retail,  or  in  kegs,  half  barrels,  bar- 
rels, casks,  hogsheads  or  other  vessels  :  Provided,  That  nothing  Proviso 
herein    contained    shall    be    construed    to    authorize    the    inspecting. 


CHARTER    OV    THH    CITY    OF    DUTKOIT. 


.  OMMON   COUNCII  :    HOW   CONSTITUTED,  POWERS  AND  DUTIES. 


measuring,  weighing,  or  gauging  of  any  article  herein  enumerated, 
which  is  to  be  shipped  beyond  the  limits  of  this  state,  except  at  the 
request  of  the  owner  thereof,  <>r  of  the  agent  having  charge  of  the 
same  :  And  provided  further,  That  the  common  council  shall  not  have 
power  to  require  the  measuring  of  wood,  except  at  the  request  of  the 
seller  or  purchaser  thereof,  or  the  agent  of  either  of  them.  The  said 
council  is  also  authorized  to  regulate  the  weights  and  measures  to  be 
used  in  said  city,  and  compel  every  merchant  retailer,  trailer  and 
dealer  in  merchandise,  groceries,  provisions,  or  property  of  any  de- 
Weights  and  scriptiou  which  is  sold  by  measure  or  weight,  to  use  weights  and 
measures.  r  J  °  ° 

measures  to  be  sealed  by  the  city  sealer,  and  to  be  subject  to  his  in- 
spection and  alteration,  so  as  to  be  made  conformable  to  the  standard 
of  weights  and  measures  established  by  the  general  laws  of  the  state  : 
Proviso  Provided,  That  this  section  shall  not  be  construed  as  interfering  with 

or  in  any  way  affecting  the  powers  and  duties  of  any  city  sealer  ap- 
pointed under  or  by  virtue  of  any  other  act  relating  to  said  city. 


Paupe 


Burial  o£ 
strangers, 


Res  istration 
of  births  and 
deaths. 


(§  141.)  Sec.  53.  The  common  council  may  provide  for  the  pro- 
tection and  care  of  paupers,  and  may  prohibit  and  prevent  all  persons 
from  bringing,  in  vessels  or  in  any  other  mode,  to  said  city,  from  any 
other  port  or  place,  any  pauper  or  other  person  liable  to  become  a 
charge  upon  said  city,  and  to  punish  therefor.  It  may  also  provide 
for  the  burial  of  strangers  and  poor  deceased  persons  ;  and  regulate 
the  burial  of  the  dead,  and  the  registration  of  births  and  deaths,  and 
to  order  and  compel  the  ordering  and  keeping  and  returning  of 
bills  of  mortality  by  physicians,  sextons  and  others.  In  case  of  the 
death  of  any  person  in  the  city,  every  physician  or  person  acting  as 
such,  who  had  charge  of,  or  who  was  in  attendance  upon  such  person 
at  the  time  of  death,  shall  forthwith  file  in  the  office  of  the  board  of 
health  a  certificate,  stating  to  the  best  of  his  knowledge,  information 
and  belief,  the  name,  age,  sex,  nativity,  occupation  or  profession,  date 
and  manner  of  death,  and  name  of  disease  ;  and  in  order  to  carry  out 


CHARTER   OF   THE    CITY    OF   DETROIT.  77 

common  council:  how  constituted,  powers  and  duties.  Chapter  7 


this  provision  it  is  authorized  to  enforce  the  same  by  its  ordinances, 
and  to  punish  any  violation  thereof. 

(§  142.)     Sec  54.    The  common  council  shall  have  power  to  pro- 
imprisonment 
vide  for  the  imprisonment  and  confinement  in  houses  of  correction,  for  violation  of 

^  ordinances. 

at  hard  labor  or  otherwise,  of  all  persons  liable  to  be  imprisoned  or 
confined  under  this  act,  or  any  act  relating  to  said  city,  or  any  ordinance 
of  the  common  council.     All  expenses  attending  the  confinement  ofTI 

r  °  I  low  expense 

any  person  sentenced  to  be  committed  to  any  work-house  or  house  of  me|^p"jd  and " 

by  whom. 

correction  of  said  city,  for  any  offense  against  the  general  laws  of  this 
state,  now  or  hereafter  punishable  by  imprisonment  in  the  state 
prison,  shall  be  paid  by  the  state  treasurer  quarter-yearly,  on  the  cer- 
tificate of  the  city  controller  that  such  expenses  have  been  incurred. 
All  expenses  attending  the  confinement  of  any  person  sentenced  to  be 
committed  to  any  work-house  or  house  of  correction  of  said  city,  for 
any  offense  against  the  general  laws  of  the  state,  now  or  hereafter  not 
punishable  by  imprisonment  in  the  state  prison,  shall  be  paid  quarter- 
yearly  by  the  treasurer  of  the  county  in  which  the  offender  was  tried 
and  convicted,  upon  the  certificate  of  the  city  controller  that  such  ex- 
penses have  been  incurred.  Said  council  shall  also  have  power,  ex- 
cept as  herein  otherwise  specified,  to  provide  for  the  punishment  of 
all  persons  offending  against  this  act,  or  any  law  relating  to  said  city, 
or  any  ordinance  of  the  common  council  enacted  under  this  or  any 
other  act  of  the  legislature,  by  imposing  fines,  penalties,  forfeitures 
and  costs,  and  by  imprisonment  in  the  house  of  correction  of  said  city  ; 
any  person  convicted  of  any  offense  may  also  be  required  to  give  bail  Holdin„to  b.li} 
for  good  behavior.  If  only  a  fine,  penalty,  forfeiture  or  costs  be  im- 
posed, the  offender  may  be  sentenced  to  imprisonment  until  payment 
thereof,  for  a  term  not  exceeding  six  months.  All  punishments  for 
offenses  against  the  ordinances  of  the  common  council  shall  be  pre- 
scribed in  the  ordinance  creating  or  specifying  the  offenses  to  be  pun- 

6  v         J      h  l  Maximum  of 

ished  ;  and  no  penalty  or  forfeiture  shall  exceed  one  thousand  dollars;  ."„',  fin"""""1 


CHARTER    OF    THE   CITY   OF    DETROIT. 


COMMON    COUNI  II       HOW  CONSTITUTED,  POWERS  AND  DUTIES, 


qo  fine  >hall  exceed  five  hundred  dollars  ;  and  no  imprisonment  shall 
,v  i  ed  the  period  of  two  years. 


(§  148.)     Sec.  55.      The   council    may   authorize   the    major   to 


Mayor  to 

ssue 

-  oke  ,  . 

licenses  grant,  issue  ami  revoke  licenses   in  all  cases  where   licenses  may  be 

granted  and  issued  under  this  act  and  the  ordinances  of  the  common 

council;  to  direct  the  manner  of  issuing  and  registering  the  same;  to 

prescribe  the  sum  of  money  to  be    paid  therefor  into  the  treasury'of 

License  regula-  ti  e  corporation      ^'o  license  shall  be  granted  for  more  than  one  year, 

lions,  foes.  etc.  r 

and  the  person  receiving  the  same  shall,  before  the  issuing  thereof, 
execute  a  bond  to  the  corporation  in  such  sum  as  the  common  council 
may  prescribe,  with  one  or  more  sufficient  sureties,  conditioned  for  a 
faithful  observance  of  the  charter  of  the  corporation  and  the  ordi- 
nances of  the  common  council,  and  otherwise  conditioned  as  the  com- 
mon council  may  prescribe.  The  mayor  shall  inquire  into  the  effi- 
ciency of  the  sureties  in  such  bond,,  and  the  same  when  approved  by 
him  shall  be  filed  in  the  office  of  the  clerk  of  the  city. 

(§  144.)     Sec.  56.     The  common  council  may  adopt,  by  ordinance 

Evidence  of  ,  ,  ,. 

title  perpetu-      or  otherwise,  such  measures  as  may  be  deemed  expedient  to  perpetu- 
ated. 

ate  the  evidence  to  the  titles  to  real  estate  in  said  city,  by  the  preser- 
vation of  maps,  plats,  records  and  papers  relating  thereto,  and  by  duly 
certified  copies  of  such  maps,  plats,  records  and  papers,  and  which, 
certified  and  filed  as  such  ordinances  shall  prescribe,  shall  be  received 
in  evidence  in  all  courts. 

(8  145.)     Sec.  57.     The  common  council  shall  have  power  to  pro- 
Construction,  ..  ,  .  ,        ,, 

-    .of    vide  and  ordain  by  ordinance  that,  whenever  any  sidewalk  requires 

sidewalks  by 

individuals.  t0  ^e  built  or  repaired,  the  board  of  public  works  shall  notify  the 
owner,  agent  or  occupant  of  any  lot  or  parcel  of  land  in  front  of  or 
adjacent  to  which  such  walk  is  required  to  be  built  or  repaired,  to 
build  or  repair  the  same,  and  that  if  such  agent,  owner  or  occupant 

In  case  of  * 

^wner'e'tc.         shall  neglect,  for  a  time  to  be  specified   in  the  ordinance,  to  do  such 


CHARTER    OF   THE    CITY   OF    DETROIT.  79 


common  council:  how  constituted,  powers  and  duties.  Chapter 


building  or  repairing,  it  shall  be  the  duty  of  the  said  board  to  at  once 
do  or  cause  the  same  to  be  done,  and  in  such  case  the  expense  thereof 
shall  be  assessed  upon  such  lot  or  parcel  of  land,  and  shall  be  a  lien 
thereon  Until  collected  and  paid  in  a  manner  to  be  prescribed  in  such 
ordinance;  and  the  owner  so  neglecting  to  build  or  repair  shall  be  Owner  liaWe 
liable  to  the  city  for  all  damages  which  shall  be  recovered  against 
the  city  for  any  accident  or  injuries  occurring  by  reason  of  such 
neglect,  and  also  to  prosecution  in  the  recorder's  court,  and,  on  con- 
viction, to  be  fined  not  to  exceed  five  hundred  dollars  and  the  pen- 
alties in  the  city  charter  elsewhere  provided.  The  common  council 
shall  also  have  power,  by  ordinance,  to  designate  and  determine  the  ^tw'.i^for 
materials  of  which  all  sidewalks  in  the  city  shall  be  constructed,  and 
to  regulate  their  width  and  manner  of  construction.  To  effect  the 
purpose  of  this  section  and  secure  the  prompt  construction  or  repair 
of  sidewalks  when  ordered,  and  in  anticipation  of  the  collection  of  Payment 

for,   etc. 

the  expense  thereof,  to  be  assessed  and  collected  as  aforesaid,  the 
common  council  shall  have  power  to  cause  such  expense  to  be  paid  in 
any  case  by  warrant  of  the  controller  upon  the  contingent  fund.  All 
assessments  in  such  cases  paid  after  the  expense  of  such  construction 
or  repair  has  been  met,  as  above  provided,  by  the  city,  sha'l  be  paid  and 
credited  to  the  contingent  fund  of  the  city.  (As  amended  by  Act  ap 
proved  June  25,  1887  ) 

<§  146.)     Sec.  58.     The  common  council   may  also  provide  and 
ordain  bv  ordinance,  that  whenever   it  shall   appear  that  anv  taxes  or  illegal  taxes  or 

•  '  J  assessments. 

assessments  have  been  illegally  or  collected,  the  common  council 
may,  by  a  vote  of  two-thirds  of  all  members  elected,  direct  and  cause 
the  amount  so  collected  to  be  refunded  out  of  the  contingent  fund, 
or  in  case  it  has  not  been  collected,  to  vacate  the  assessment,  and  fix 
upon  an  amount,  to  be  received  in  full  of  such  tax  or  assessment,  and 
no  such  action  on  the  part  of  the  council,  under  such  ordinance,  shall 


8o 


CHARTER   OF   THE   CITY  OK   DKTROIT. 


CH   U'lIK 


COMMON    COUNCIL!    HOW  CONSTITl    rET>,  POWERS  AND  DUTIES. 


Feea  of  jurors 
.mil  witnesses 


in  any  way  affect  or  invalidate  any  other  tax  or  assessment  assessed, 
levied  or  collected  in  said  city. 

(§   117)     Sec.  59,     Said  council  shall  also  have  power  to  fix  and 
regulate  the  fees  of  jurors  and  witnesses,  in  any  proceeding  under 
any  act  relating  to  said  city,  or  under  any  ordinance  of  the  Baid  coun- 
cotfecUng  cil,  to  assess,  levy  and  collect  taxes  for  the  purposes  of  the  corpora- 

tion, upon  all  property  made  taxable  by  the  law  for  State  purposes, 
which  taxes  shall  be  liens  upon  the  property  taxed  till  paid;  to  make 
regulations  for  assessing,  levying  and  collecting  the  same,  and  to  sell 
the  property  taxed  to  pay  the  taxes  thereon;  to  appropriate  money; 
provide  for  the  payment  of  the  debt  and  expenses  of  the  said  city,  and 
to  make  regulations  concerning  the  same;  to  provide  for  calling 
meetings  of  the  inhabitants  of  said  city  by  public  notice  thereof,  fix- 
ing the  time  and  place  for  meeting;  to  enact  all  ordinances  necessary 
to  carry  into  effect  the  powers  conferred  bylaw  upon  said  council; 
the  said  council  may  also  provide  for  printing  and  publishing  all 
matter  required  to  be  printed  and  published  under  this  act,  or  by 
order  of  the  common  council,  in  such  manner  as  said  council  may 
prescribe. 


Public 
meetings 


Enact 
ordinances 


Printing,  etc. 


(§  148.)     Sec.    60.      The   said   common  council   shall   also   have 

Re-assessment 

to  supply  power  to  provide,  by  ordinance,  that  whenever  any  lots  or  premises 

have  been  or  hereafter  shall  be  legally,  liable  to  be  assessed  for  the 
costs  and  expenses  of  any  paving,  or  other  public  work  or  improve- 
ment, and  if  it  should  appear  that  the  amount  originally  assessed  upon 
such  lots  or  premises  was  not  sufficient  to  pay  in  full  the  costs  and 

illegality  of        expenses  of  such  improvement,  that   a  new   re-assessment   for   the 

assessment. 

amount  of  such  deficiency  may  be  made  upon  such  lots  or  premises  ; 
and  also  if  any  such  special  assessment  for  the  costs  and  expenses  of 

the  making  of  any  such  improvement  shall   be  declared  by  any  court 

Time  for 

reassessment.    Qf  competent  jurisdiction  to  be  illegal,  to  provide  for  a  new  or  re- 
assessment upon  such  lots  or  premises   for  the  amount  of  such  costs 


CHARTER    OF   THE   CITY   OF    DETROIT. 


common  council:  how  constituted,  powers  and  duties. 


and  expenses  ;  and  the  common  council  may,  by  ordinance,  limit  the 
time  within  which  such  new  or  re-assessment  shall  be  made,  and  pre- 
scribe all  necessary  rules  and  regulations  in  reference  to  the  making 
=and  collecting  of  the  same. 

(§  149.)  Sec  61.  Whenever  any  special  assessment  for  the  im- 
provement of  a  street,  or  for  any  public  work  shall,  in  the  opinion  of 
the  common  council,  be  invalid,  said  council  may  vacate  and  set  the  Vacating 

illegal 

-same   aside.     And   when   aDy   such   special   assessment   shall   be   so llssessment- 
vacated,  or  shall  be    held   invalid   by   the   judgment  or  decree  of  any 
•court  of  competent  jurisdiction,  said  council  may  cause  a  new  special  Special 

assessment. 

assessment  to  be  made,  for  the  purpose  for  which  the  original  assess- 
ment was  made.  Such  new  assessment  shall  be  made  in  the  manner 
.provided  for  making  original  assessments  of  like  nature,  in  force  at 
the  time  when  such  assessment  should  be  made.  And  whenever  the 
tax,  or  any  part  thereof,  assessed  upon  any  lot  or  parcel  of  real  estate 
by  the  original  assessment,  set  aside  or  held  invalid  as  aforesaid,  has 
■been  paid  and  shall  not  have  been  refunded,  it  shall  be  the  duty  of 
the  receiver  of  taxes  to  apply  said  payment  upon  the  re-assessment  on 
said  lot  or  parcel,  and  to  make  a  minute  thereof,  upon  the  new  assess- 
ment roll,  and  such  re-assessment  shall,  to  the  extent  of  suoh  pay- 
ment, be  deemed  paid  and  satisfied.  All  the  provisions  of  the  charter, 
making  special  assessments  a  lien  upon  the  lots  and  parcels  of  real 
estate  embraced  therein,  and  also  those  relating  to  the  collection  of 
special  assessments,  shall  apply  to  re-assessments  made  under  this 
section.  The  provisions  of  this  section  shall  apply  to  special  assess- 
ments heretofore  made,  as  well  as  to  those  which  shall  hereafter  be 
made. 

(§  150.)     Sec.  62.      Whenever  in  the   opinion   of  the  common 

Building  sew- 

council  it  shall  be  beneficial  to  do  so,  they  may  direct  any  public  or  e.rs  across  °.r 

'  "  J  J    '  tnrough  private 

lateral  sewers  or  drains  mentioned  in  this  chapter  to  be  constructed  premises- 


82  CHARTEB   OV   THE   CITY   OF    DETROIT. 

Chapter  ■  common  council:  how  constituted,  powers  and  duties. 


Proviso. 


in  ami  through  private  property  and  lots;  in  all  cases  where  the 
council  deem  it  expedient  to  lay  public  or  lateral  sewers  or  drains 
through  private  property,  and  to  take  private  property  or  the  use 
thereof  for  such  purposes,  proceeding  shall  be  had,  as  near  as  may 
be,  similar  in  all  respects  to  those  now  provided  for  in  the  case  of 
taking  private  property  for  the  opening,  widening  or  extending 
streets  and  alleys,  and  damages  and  benefits  shall  be  assessed  in  the 
same  manner:  Provided,  First,  benefits  may  be  assessed  upon  all 
lots  in  each  block  in  which  the  drain  or  sewer  is  laid,  which  are  bene- 
fited   by  the  improvement;  and  further,  that  all   damages  actually 

Damages  paid 

fund  sewer  awarded  to  parties  shall  be  paid  out  of  the  sewer  fund,  and  all  assess- 
ments for  benefits  when  collected  shall  be  paid  into  the  credit  of  said 
fund:     Provided  further,  That  when  a  public  or  lateral  sewer  is  laid 

Proviso. 

through  private  property,  the  same  shall  be  done  with  the  least  prac 
tical  injury  or  inconvenience  to  owners  or  occupants,  and  using  like 
care,  the  board  of  public  works,  their  agents  and  employes,  shall  at 
all  times  have  free  access  to  the  premises,  for  the  purpose  of  making 
necessary  repairs  to  and  connections  with  such  public  or  lateral 
sewers  or  drains. 

„  ,     .  (S  151.)    Sec.    63.      The  said  common  council   shall   also  have 

Refunding  VEI  ' 

fuTfy  collected    power,  when  it  shall  appear  that  any  tax  or  assessment  is  unjust,  or 

out  of  contin- 
gent fund:  is  based  upon  any  property  not  owned  by  the  person  to  whom  it  is 

assessed,  by  a  two-thirds  vote  of  all  the  members  elect,  to  repay  the 

same  out  of  the  contingent  fund,  if  collected,  or  if  not  collected,  to- 

vacate  the  assessment  in  whole  or  in  part,  in  tne  manner  and  with 

like  effect  as  is  provided  for  incases  of  illegal  taxes  and  assessments 

in  this  chapter. 

(§  152.)     Sec  64.     The  common  council  shall  also  have  power  to- 
Bndgeor  unite  with  the  Canadian  authorities,  or  any  Canadian  corporation,  in 

tunnel  across  '  J  r 

building  and  maintaining  a  public  bridge  or  tunnel  across  the  Detroit 
river  :    Provided,  That  the  city  shall  have  an  ownership  in  said  bridge 


CHARTER    OF    THE    CITY    OF    DETROIT. 


common  council:  how  constituted,  powers  and  duties.  Chapter  7 


or  tunnel  in  proportion  to  the  amount  of  money  it  may  invest  therein, 
or  shall  build  or  own  that  portion  of  said  bridge  or  tunnel  situated 
within  the  boundaries  of  this  state,  and  shall  have  an  equal  voice  with 
said  Canadian  authorities  or  corporation  in  the  control  and  manage- 
ment of  such  bridge  or  tunnel,  and  in  fixing  the  tolls  to  be  charged 
and  collected  for  the  use  of  said  bridge  or  tunnel  by  the  public.  The  Lse  thereof- 
said  bridge  or  tunnel  shall  be  a  common  and  public  highway,  but 
street  car  and  railroad  companies  may  be  allowed  to  run  their  cars 
over  said  bridge  or  through  said  tunnel,  upon  such  terms  and  condi- 
tions as  the  common  council  and  said  Canadian  authorities  or  corpora- 
tion may  from  time  to  time  prescribe. 

(§  153.)     Sec.  65.      Immediately  after   the   organization   of  the 

.  Joint  convention 

board  of  aldermen  shall  have  been  completed,  at  its  session  on  the  0f  Common 

Council. 

second  Tuesday  in  January  in  each  year,  and  before  it  shall  proceed 

to  any  other   business,  it  shall   receive  the  annual  message  of  the  Mayor-s  annuai 

nitssticc 

mayor.     (As  amended  by  Act  approved  June  2,  1887.) 

(§  154.)    Sec.  66.     Repealed  by  Act  approved  June  2,  1887. 


CHAPTER     VIII. 


ESTIMATES — DUTIES   OF   CONTROLLER    AND   POWERS   OF   COMMON  COUN- 
CIL   AND    BOARD    OF    ESTIMATES    RELATIVE    THERETO. 

(§  155.)     Section  1.     Before  any  taxes  shall  be  levied  for  the  Estimates  of 

„  ,  ,,       .        .     .    .  ,  .    ,      .,  -j  ,.  Controller  to  be 

purposes  of  any  of  the  funds  into  which  the  revenues  and  moneys  of  rep0rted  to 

common  council 

the  city  may  be  divided,  the  controller  shall  present  to  the  common 
council  in  writing  his  estimates  of  the  amount  of  taxes  which,  in  his 
opinion,  it  may  be  necessary  to  raise  for  the  ensuing  year  for  the 
purpose  [purposes]  of  each  of  said  funds,  and  also  an  estimate  of  the 
entire  proposed  expenditures  for  said  year;  whether  the  same  is  to  be 
raised  by  tax,  by  loan,  or  by  special  assessment,  which  estimates  shall 
be  published  in  the  official  paper  of  the  city.     The  controller  shall  at  information  to 

be  furnished  by 

the  same  time  give  to  the  common  council  any  information  in  his  Controller- 

power  or   which  they  may  request  concerning  the  finances  of  said 

city.     The  common  council   may  revise  or  alter  said  estimates,  but  Council  may 

revise,  etc., 

not  so  as  to  exceed  the  aggregate  taxes  authorized  by  law  to  be  levied,  estimates. 
and  when  such  estimates  shall  be  finally  adopted  b)r  them  the  same 
shall  be  transmitted  by  the  clerk  of  said  board  to  the  board  of  esti- 
mates. The  common  council  shall  so  alter,  revise  and  adopt  said  esti- 
mates on  or  before  the  fifth  day  of  April  in  each  year.  (As  amended 
by  Act  approved  June  2,  1887.) 

(§156.)     Sec.  2.     Repealed  by  Act  approved  June  2, 1887,  and  new 
section  substituted  as  follows  : 


86  CHARTER  OF  THE   CITY   Off   DETROIT. 

Chapter  8.  dutij  -  oi  controller,  powers  oj  common  council,  etc. 

Board  oi   Esti- 
mates created  Si:<  .  2.     A  board  of  estimates  in  and  for  the  city  of  Detroit  is  here- 
and  1h»«    cor 

by  created,  which  shall  be  constituted  as  follows  :  Two  members  from 
each  ward,  who  shall  be  elected  at  the  same  time  and  for  the  same 
term  as  aldermen,  and  five  members  who  shall  be  elected  upon  a  gen- 
eral ticket  at  the  same  time  as  the  mayor,  and  who  shall  hold  their 
office  for  a  term  of  two  years.  The  several  provisions  of  law  relating 
to  elections  in  said  city  as  to  election  of  city  officers  and  aldermen,  can- 
vassing the  votes  and  making  returns  thereof  shall,  as  far  as  applicable, 
apply  to  and  regulate  the  holding  of  elections  of  members  of  said 
first'electfoa  boartl  :  Provided,  That  the  first  election  of  members  of  said  board 
shall  be  held  on  the  first  Tuesday  after  the  first  Monday  in  November, 
in  the  year  eighteen  hundred  and  eighty-seven,  and  two  members 
from  each  ward  shall  be  then  elected,  one  of  whom  shall  hold  his 
office  until  the  next  general  election  in  said  city,  in  the  year  eighteen 
hundred  and  eighty-eight,  and  the  other  member  so  elected  shall  hold 
his  office  for  two  years  from  the  second  Tuesday  of  Januarj^,  A.  D. 
eighteen  hundred  and  eighty-eight,  and  the  ballots  cast  shall  designate 
the  respective  terms  of  office  of  the  persons  then  voted  for  ;  and  there 
shall  also  be  elected  on  said  first  Tuesday  after  the  first  Monday  in 
November,  eighteen  hundred  and  eighty-seven,  five  members  of  said 
board  upon  a  general  ticket,  who  shall  hold  their  office  until  the  next 

Further  proviso  ......  r,, 

as  to  subsequent  general  charter  election  in  said  city  :    And  provided  fur/her,  That  five 

elections. 

days'  notice  of  such  first  election,  to  be  given  by  the  city  clerk  in  two 
or  more  newspapers  published  in  said  city,  shall  be  deemed  sufficient. 
At  the  next  general  charter  election  to  be  held  in  the  same  city  in  the 
several  wards,  and  annually  thereafter,  a  member  of  the  board  shall 
be  elected  from  each  ward  who  shall  hold  his  office  for  two  years  ;  and 
at  such  next  charter  election,  and  each  alternate  year  thereafter,  five 
members  of  said  board  shall  be  elected  upon  a  general  ticket  who 
shall  hold  their  office  for  two  years. 


CHARTER   OF   THE   CITY    OF    DETROIT.  87 


DUTIES  OF  CONTROLLER,  POWERS  OF  COMMON   COUNCIL,  ETC.  CHAPTER  8 


(§  157.)    Sec.  3.     Repealed  by  Act  approved  June  2,  1887,  and 
new  section  substituted  as  follows  : 

Sec.  3.  All  members  of  said  board  shall  be  resident  electors  of  ««™  ° f 
said  city  and  hold  their  office  until  their  successors  shall  be  elected  members. 
and  qualified.  The  following  officers  of  said  city  shall  be  ex-officio 
members  of  said  board  and  shall  have  the  right  to  participate 
in  its  deliberations,  but  shall  not  have  the  right  to  vote,  to  wit : 
The  president  and  chairman  of  the  committee  on  ways  and  means 
-of  the  common  council,  the  city  controller,  city  counselor,  the 
president  of  the  board  of  education,  board  of  water  commis- 
sioners, board  of  police  commissioners,  board  of  poor  commis- 
sioners, president  of  the  fire  commission,  the  senior  members,  be- 
ing those  whose  terms  will  soonest  expire,  of  the  board  of  inspectors 
of  the  house  of  correction  and  of  the  board  of  public  works.  All 
members  of  said  board  shall,  before  entering  upon  the  discharge  of  °ath- 
their  duties,  take  and  subscribe  and  file  in  the  office  of  the  city  clerk, 
the  same  oath  of  office  as  is  prescribed  in  the  charter  of  said  city  to 
be  taken  by  city  officers.     The  members  of  said  board  shall   receive  compensation 

and  officers  of 

as  compensation  three   dollars  for  each   daily  sesdon  of  the  board,  board. 

Said  board  shall  elect  one  of  their  number  president  of  said  board, 

who  shall  preside  at  its  meetings  and  who  shall  h-dd  his  office  until 

the  next  election  of  members:     Provided,  That  if  he  be  absent,  or  Proviso. 

incapacitated   from   performing  his  duties,  the  board  may  appoint  a 

president /rtf  tempore     The  city  clerk  shall  he  ex-officio  secretary  of  Meetings  of 

board. 
said   board,  and   shall  keep  a  record  of  its  proceedings.     The   first 

meeting  of  said  board  shall  be  held  annually  on  the  first  Monday  in 
March,  at  ten  o'clock  in  the  forenoon,  and  at  such  other  times  as  the 
common  council  may  by  resolution  or  ordinance  provide.  The  meet- 
ings of  said  board  shall  be  held  in  a  suitable  room  to  be  provided  by 
the  common  council,  and  if  no  provision  be  made,  then  the  same 
.-hail   beheld   in  the  common  council  chamber.     The  board  may  ad- 


88  CHARTER   Of    THE   CIXV   Of    DETROIT. 

Chapter  8  di  riES  oi  controller,  powers  of  common  council,  etc. 


Provisoasto     journ  from   time  to  time:    Provided,  That  the  meeting  which  shal' 
meeting  to  con-  ° 

mates-  be  held  annually  to  consider  the  estimates  for  the  annual  general 
taxes  for  city  purposes  shall  not  lie  adjourned  to  a  time  subsequent  to 
the  fifteenth  day  of  April.  The  board  shall  have  the  right  to  call 
upon  the  common  council  or  upon  any  oilicers  or  boards  of  the  cor- 
poration for  further  reports,  or  for  any  information  which  it  may  re- 
quire for  the  purpose  of  estimating  any  amount  to  be  raised,  or  in 
reference  to  any  other  matter  pending  before  such  board.  It  shall 
also  have  the  right  to  inspect  the  official  books  and  papers  of  said  offi- 
cers or  boards. 

Before  certain  (§  158.)     Sec.  4.     Before  any  moneys  shall  be  raised   or  taxes 

moneys  raised, 

etc.,  estimates    levied  and  collected  for  the  purposes  of  the  several   funds  mentioned 

of  amounts  to 

to  board  tted  m  tne  cnarter  °f  ^e  C^Y  °^  Detroit  and  acts  amendatory  thereof,  ex 
cepting  interest  and  sinking  funds,  for  the  purpose  for  which  moneys 
are  required  to  be  raised  by  other  acts  relating  to  said  city,  which  re- 
quire estimates  for  taxes  to  be  submitted  by  the  city  controller,  or 
other  officers  and  boards,  the  estimates  of  the  amount  of  moneys  re- 
quired for  such  funds  or  purposes  by  tax  shall  be  submitted  to  said  ' 
board  of  estimates;  and  before  any  bonds  shall  be  issued  said  issue 
shall  be  authorized  by  said  board  of  estimates.  The  estimates  for 
the  general  city  taxes  shall  be   acted  upon  by  the  common  council, 

submitting         ag  p^^ded  by  law,  and  shall  be  submitted  to  said  board  of  estimates 
in  time  to  be  considered  by  the  board  on  or  prior  to  said  fifteenth  day  . 
of  April.     Said  board  shall  carefully  consider  all  estimates  hereby  . 
required  by  this  act  to  be  submitted  to  it  of  moneys  to  be  raised  as 
aforesaid,  and  shall  approve  or  disapprove  of  the  same.     It  may  de- 

Power  of  board 

crease  the  amount  to  be  raised,  but  shall  not  increase  the  same..    Lt . 
may  authorize  the  issuing  of  bonds  in  the  same   manner  and  in  trlie-r 
same  cases  as  such  citizens' meeting  might  authorize  the  same,     A 
majority  of  all  the  members  elect  of  said  board  shall  be  required  to 
approve  of  any  such  estimates  for  the  raisins:  of  taxes,  or  any  part 


CHARTER    OK   THE   CITY   OF   DETROIT.  89 


DUTIES  OF  CONTROLLER,   POWERS  OF  COMMON  COUNCIL,  ETC. 


thereof,  or  to  authorize  the  issue  of  any  bonds.  (As  amended  by  Act 
approved  June  2,  1887.) 

(S  159.)    Sec.  5.     All  votes  in  said  board  approving  or  disapprov-  Vote  of  board 

°  by  yeas  and 

ing  of  any  estimate  or  decreasing  the  amount  thereof,  or  authorizing  ^rdingoP 
or  disapproving  of  the  issue  of  bonds,  shall  be  taken  by  yeas  and  nays, 
and  entered  upon  the  record  of  its  proceedings.     After  said  board 

Statement  of 

shall  have  considered  the  said  matters  required  to  be  submitted  to  it, 
it  shall  cause  a  statement  of  the  amounts  so  approved  by  it  to  be  raised 
by  taxation  or  issue  of  bonds,  and  the  fund  or  purpose  for  which  raised 
to  be  made,  which  statement,  being  adopted  by  a  majority  of  all  the 
members  elect  of  the  board,  shall  be  then  certified  by  the  president 
and  secretary  of  the  board,  and  shall  be  transmitted  to  the  common  Effect  of 

statement. 

council,  and  only  so  much  of  such  estimates  or  amount  to  be  raised 
by  taxation  as  shall  have  been  approved  by  said  board  shall  be  raised 
and  collected  in  said  city,  and  only  such  bonds  shall  be  issued  as  shall  be 
authorized  by  said  board,  as  herein  provided.     The  common  council  Dutv  of  council 

...  c    x.     ln  relation 

of  said  city,  upon  approval  of  said  estimates,  or  any  part  thereof,  by  thereto, 
said  board,  shall  caused  to  be  levied  and  collected  by  general  tax  the 
amount  thereof  so  approved,  and  shall  issue  any  bonds  so  authorized 
to  be  issued  by  said  board  as  aforesaid.     (As  amended  by  Act  ap- 
proved June  2,  1887.) 


CHAPTER     I^C. 


ISSUE    OF    BONDS    FOR    PUBLIC    SEWERS. 

(§160.)     Section  1.     The  common  council  of  the  city  of  Detroit  avenu™and 

other  sewers, 

shall  have  power  to  provide  money  for  the  purpose  of  constructing  a  money  for. 
suitable  sewer  through  Woodward  avenue,  from  the  present  city 
limits  on  the  north  to  the  Detroit  river,  with  a  proper  outlet,  and  such 
other  sewers  at  such  localities  as  the  board  of  public  works  may  deem 
proper  and  recommend.  Such  money  may  be  provided  upon  the 
faith  and  credit  of  said  city,  and  upon  the  best  terms  that  can  be 
made,  in  amount  not  exceeding  Ave  hundred  thousand  dollars,  in  ad  . 

Amount 

dition  to  the  amount  heretofore  raised  under  the   authority  conferred  authorized. 
by  the  section  of  the  act  to  which  this  act  is  amendatory  ;  Provided,  prov;so. 
That  an  amount  not  less  than  two  hundred  thousand   dollars  of  the 

Public  sewer 

moneys  thus  to  be  provided  is  hereby  set  apart  for  the  special  pur- bonds^ amount 
pose  of  constructing  and  completing  the  said  sewer  through  Wood- 
ward avenue.  The  said  common  council  are  hereby  authorized  to 
issue  the  bonds  of  said  city  to  an  amount  not  exceeding  the  saidj3um 
of  live  hundred  thousand  dollars,  pledging  its  faith  and  credit  for  the 
payment  of  the  principal  and  interest;  but  said  bonds 'shall  not  be 
negotiated  at  less  than  their  par  value.  Said  bonds  shall  be  denomi- 
nated "  Public  sewer  bonds  of  the  city  of  Detroit,"  and  shall  be  regu- 
larly dated  and  numbered  in  the  order  of  their  issue;  one-fourth  of 
the  amount  of  such  bonds  as  shall  be  issued  may  be  of  the  sum  of  one 
hundred  dollars  each,  and  the  remainder  shall  be  for  sums  of  not  less 
than  Ave  hundred  dollars  each.     They  shall  bear  interest  not  exceed- 


D2  CHARTER    OX    THE   CITY   OV    DETROIT. 

Chapters*.  issui  "i  bows  fob  public  sewers. 

interest  on.       ing  five  pel  cent,  per  annum,  and  shall  be  payablein  not  less  than  five 
nor  exceeding  fifty  years  from  date  ;  they  shall  be  issued  under  the 
seal  of  the  city,  signed  by    the  mayor  and  countersigned  by  the  con- 
Record  to  be      troller.     The  controller  shall  keep  an  accurate  record  of  said  bonds, 
kept,  etc. 

showing  the  class  of  indebtedness  to  which  they  belong,  the  number, 
date,  and  amount  of  each  bond,  its  rate  of  interest,  when  and  where 
payable,  and  the  person  to  whom  it  was  issued.  The  proceeds  of  said 
bonds  shall  be  paid  to  the  city  treasurer  and  be  credited  to  the  public 
sewer  fund,  and  be  applied  exclusively  to  the  purposes  for  which  said 
fund  is  constituted  as  above.  (As  amended  by  Act  approved  June 
8,  1889)* 

Tobe  submitted         (§  161.)     Sec.  2.     No  bonds  shall  be  issued  as  aforesaid  for  the 

to  common 

council.  purpose  of  constructing  said  sewers  unless  approved  by  a  majority  of 

the  common  council  at  a  regular  meeting  held  for  the  purpose  of  con- 
sidering the  estimates  for  general  city  taxes. |  There  shall  be  present- 
ed to  said  meeting  an  estimate  of  the  board  of  public  works  of  the 
necessary  cost  of  constructing  said  sewers  recommended  to  be  con- 
structed as  aforesaid.  If  a  majority  of  the  common  council  consent 
to  the  estimate  presented,  or  any  part  thereof,  the  board  of  public 
works  shall  then  be  authorized  to  contract  for  the  construction  of  said 
sewers,  at  a  cost  and  expense  not  exceeding  in  amount  the  estimate 
or  part  thereof  thus  consented  to  ;  and  the  common  council  shall 
have  power  to  borrow  money  therefor  and  issue  bonds  as  above 
provided. 


*Not^  No.  7,   \ppendix. 
i-5ee  Note  8  Appendix. 


CHAPTER     X. 


ASSESSMENT   OF    TAXES    AND    THEIR    COLLECTION. 

(§  162.)     Section  1.      There  shall  be  three  assessors  appointed 

Board  of 
by  the  board  of  councilmen,  upon  the  recommendation  of  the  major'  Assessors, 

term  of  office. 

who  shall  be  known  as  the  board  of  assessors,  and  who  shall  hold 
their  office  for  the  term  of  three  years,  as  provided  in  chapter  four, 
and  shall  devote  their  whole  time  to  the  service  of  the  city,  in  connec- 
tion with  the  duties  of  their  office,  and  shall  receive  such  compensa-  compensation 
tion  as  the  common  council  may  determine  ;  Provided,  That  the  mem- 
ber of  the  Board  whose  term  of  office  shall  soonest  expire  shall  be  its 

President. 

president  for  the  last  fiscal  year  of  his  term  of  office. 


(§  163.)     Sec.  2.     The  board  of  assessors    shall,  before  the  firsts  ,      , 

Dutv  of 

day  of  April  in  each  fiscal  year,  assess  at  its  true  cash  value  all  the  Asse3Sors- 

real  and  personal  property  subject  to  taxation  by  the    laws   of  this 

State,  within  the  limits  of  each  ward  respectively  of  said  city,  and 

said  board  shall,  within  the  same  period,  make  out  and  complete  the 

assessment  rolls,  one  for  each  ward,  in  books  to  be  provided   for  that 

purpose  by  the  common  council,  and  to  be  delivered  to  said  board  on 

or  before  the  first  day  of  September  in  each  year.     The  action  of  said  Action  of 

Assessors  re- 

board  shall,  at  all  times  be  subject  to  the  correction  and  revision  of  viewed  by  com- 
mon council. 

the  common  council  of  the  city  of  Detroit,  as  provided  for  in  the  char- 
ter of  the  city. 


,,|                                           CHARTER   OF   THE   CITV   OE    DETROIT. 
Chapter  10.  assessment  of  taxes  and  their  < ction. 


(§  164.)     Sec.  3.    The  president  of  the  board  of  assessors,  togeth- 
Aldermen  to  be er  with  the  two  aldermen  of  each  ward   of  the  city  of  Detroit,  shall 

Supervisors. 

be  and  are  hereby  vested  with  the  powers  and  duties  of  supervisors, 
as  provided  by  the  laws  of  this  State,  nol  inconsistent  with  the  provi- 
sions of  this  chapter,  and  said  president  and  alderman  shall  attend 
the  annual  session  of  the  hoard  of  supervisors  of  the  county  of  Wayne, 
in  October,  and  all  other  sessions  thereof,  and  shall  represent  the  in- 
terests of  this  corporation  in  said  board. 

Proceedings  (§   165.)     Sec.  4.     If  any  lot  or  lots  shall  lie  partly  in  two  or  more 

when  lots  lie  in 

different  winds,  wards,  the  same  shall  be  assessed  in  the  ward  where  the  greater  por- 
tion of  said  lot  or  lots  is  situated,  and  the  said  board  shall  describe  all 
lands,  tenements,  and  subdivisions  thereof,  subject  to  assessment  or 
tax  in  said  city,  by  referring  to  the  number  and  section  of  the  lot,  and 
the  owner  or  occupant  thereof,  and  if  the  number  and  section  of  any 
lot,  or  the  owner  thereof  can  not  be  ascertained,  then  by  such  other 
sufficient  description  as  such  board  may  deem  proper  ;  and  if,  by  mis- 
take or  otherwise,  any  person  may  be  improperly  designated  as  the 
owner  of  any  lot,  tenement,  or  premises,  such  assessment  or  tax  shall 
not,  for  that  cause  be  vitiated,  but  the  same  shall  be  a  lien  on  such  lot, 
tenement  or  premises,  and  collected  as  in  other  cases. 

Board  of  /c  jgg  \     gEC    5      The  saj(j  board  shall  have  power  and  authority 

Assessors   may  x°  ' 

property  of  °     to   demand  of  every  person  owning  or  having   charge,  as   agent   or 

owner,  etc. 

otherwise,  of  any  property  taxable  in  any  ward,  a  list  ot  such  proper- 
ty, with  such  description  as  will  enable  them  to  assess  the  same,  which 
demand  may  be  made  in  writing,  and  by  delivering  the  same  to  such 
person,  or  by  leaving  the  same  at  his  olace  of  residence,  with  some 
person  of  proper  years  and  discretion,  and  if  the  person  of  whom  such 
demand  may  be  made,  shall  not,  within  ten  days  thereafter,  deliver 
to  such  board  a  list  of  the  property  in  said  ward  belonging  to  him  oi- 
lier, or  under  his  or  her  charge,  with  a  correct  description  of  the  same, 


CHARTER   OF   THE    CITY   OF   DETROIT.  95 

ASSESSMENT  OF  TAXES  AND  THEIR  COLLECTION.  CHATTER    10 


or  if  he  shall  omit  any  such  property  in  the  list  delivered,  said  board 
shall  have  power,  and  it  shall  be  their  duty,  to  assess  such  property, 
upon  such  knowledge  or  information,  as  may  be  satisfactory  to  them, 
at  its  cash  value,  and  according  to  their  best  judgment  and  discretion. 

(§  167.)    Sec.  6.     It  shall  be  the  duty  of  the  board  of  assessors  Boaad  of 

Assessors  to 

to  cause  notice  to  tax  payers  of  said  city  to  be  published  in  the  daily  meet  April  1st 

1     J  J  to  review 

newspapers,  published  by  the  printer  for  the  city,  and  in  one  other  daily their  work- 
newspaper  published  in  said  city,  for  two  weeks  prior  to  the  first  day  Notice,  etc. 
of  April  in  each  year,  that  the  assessment  rolls  have  been  completed. 
Any  person  considering  himself  aggrieved  by  reason  of  any  assess- 
ment, may  complain  thereof,  either  verbally  or  in  writing,  before  said 
board  of  assessors,  and  on  sufficient  cause  being  shown  by  the  affidavit 
of  such  person,  by  oral  proof,  or  by  other  evidence  to  the  satisfaction 
of  such  board,  it  shall  review  the  assessment  complained  of,  and  may 
alter  or  correct  the  same  as  to  the  person  charged  thereby,  the  prop- 
erty described  therein,  and  the  estimated  value  thereof.  The  concur- 
rence of  a  majority  of  the  board  shall  be  sufficient  to  decide  any  ques- 
tion of  altering  or  correcting  any  assessment  complained  of.  The 
board  of  assessors,  or  a  majority  of  them,  having  completed  the  re- 
view and  correction  of  said  assessment  rolls,  shall  sign,  and,  on  or  be- 
fore the  third  Tuesday  of  April  in  each  year,  return  the  same  to  the 
board  of  aldermen  of  the  city. 

(§  166.)    Sec.  7.      The  board  of  aldermen  after  receiving  said  joint  session  of 

common  council 

assessment  rolls  shall,  at  its  next  regular  session,  in  joint  session  with  to  consider 

assessment 

the  board  of  councilmen,  to  be  called  together  by  the  city  clerk  by  a rolls- 
written  notice  to  each  member,  proceed  to  consider  the  same,  and  any 
person  considering  himself  aggrieved  by  the  assessment  of  his  prop- 
erty and  the  decision  of  such  board  of  assessors  thereon,  may  appeal 
to  the  board  of  aldermen  and  board  of  councilmen  at  the  said  joint 
sessiou.    Every  appeal  shall  be  in  writing  and  shall  state  specially  the 


96 


CHARTKR    "i     THK   CITY   OF   DETROIT. 


Ol  VPTl  R   10. 


\-.s|.*SMK\T  <>!•     IMMa    Wl'THUlMDILHTION. 


grounds  of  the  appea]  and  the  matter  complained  of,  and  no  other 
matter  shall  he  considered  by  the  said  boards.  While  acting  upon 
said  assessment  rolls  or  appeals  any  member  of  said  board  of  assessors 
may.  and,  on  request  of  said  board  by  resolution,  shall  meet  with  the 
said  board  and  make  such  explanations  as  he  may  deem  requisite  in 
any  case. 


Joint  session    to 
have  power  to 

alter,  revise, 
etc.,  assess- 
ment rolls. 


To  be  finally 

approved  in 
sixteen  days. 


(§  169.  Sec.  8.  The  said  boards,  in  joint  session,  shall  hear  and 
determine  all  appeals  in  a  summary  manner  and  correct  any  errors 
which  they  may  discover  in  the  assessment  rolls,  and  place  thereon 
the  names  of  any  persons  and  the  description  of  any  property  not  al- 
ready assessed,  and  assess  the  same,  and  may  increase  or  diminish  any 
assessment  as  they  see  fit  :  Provided,  That  they  shall  not  increase 
any  assessment  of  property  without  giving  a  reasonable  opportunity 
to  the  persons  owning  or  having  charge  of  the  same,  if  known,  to  ap- 
pear and  object  thereto.  And  may  continue  the  consideration  of  said 
assessment  rolls  and  the  hearing  of  said  appeals  from  session  to  ses- 
sion for  a  period  not  exceeding  sixteen  days  after  the  time  when  they 
are  to  be  first  considered  as  above  provided  ;  and  on  or  before  the  ex- 
piration of  said  period  of  sixteen  days,  they  shall  be  fully  and  finally 
confirmed  by  the  said  boards,  and  shall  remain  as  the  basis  of  all  taxes 
to  be  levied  and  collected  in  the  city  of  Detroit,  according  to  prop- 
erty valuation,  until  another  assessment  shall  have  been  made  and 
confirmed  as  above  provided  for. 


Assessment 
of  taxes. 


(§  170.)  Sec.  9.  After  the  assessment  rolls  shall  have  been  fully 
and  finally  confirmed,  as  provided  in  the  preceding  section,  it  shall  be 
the  duty  of  the  board  of  assessors  to  cause  the  amount  of  all  taxes,  in 
dollars  and  cents,  authorized  to  be  assessed  and  collected  in  each  year, 
to  be  ratably'  assessed  to  each  person  named  or  lots  described,  upon 
and  according  to  the  aggregate  valuation  such  person  or  lots  shall 
have  been  assessed  in  said  assessment  rolls,  or  books  prepared  for  that 


CHARTER    OK    THE    CITY    OF    DETROIT.  97 

ASSESSMENT  OF  TAXES  AND  THEIR  COLLECTION.  CHAPTER  10 


purpose,  to  be  known  as  the  tax  rolls  for  each  ward,  in  separate  col- 
umns, showing  the  amount  of  highway,  police,  school  and  city  taxes 
assessed  to  each  person  or  lots  in  each  year  ;  and  when  said  tax  rolls 
shall  have  been  completed,  the  board  shall  deliver  the  same  to  the  R°!ls  tobe 

delivered  to 

controller,  who  shall  cause  the  same  to  be  delivered  to  the  receiver  of    ontro  er- 
taxes,  and  take  his  receipt  therefor  and  charge  him  therewith.     Upon 

When  taxes 

the  receipt  of  the  tax  rolls  by  the  receiver  of  taxes,  as  hereinbefore  due  ;;nd 

payable. 

provided,  the  taxes  therein  stated  shall  become  a  debt  due  and  pay- 
able to  the  city,  and  the   receiver  of  taxes  shall  forthwith,  upon  the 

Notice  to  be 

reception  of  said  tax  rolls,  give  six  days'  notice  by  publication  in  the  £iven  by 
official  daily  paper  published  in  said  city,  and  by  posting  the  same  in 
at  least  six  public  places  in  each  ward,  which  notice  shall  be  a  suf- 
ficient demand  for  the  payment  of  all  taxes  on  said  rolls,  that  the  gen- 
eral tax  rolls  have  been  deposited  with  him  and  that  payment  of  the 
taxes  therein  specified  made  to  him  at  any  time  before  the  thirtieth 

day  of  December  thereafter  ;  that  no  addition  will  be  made  to  taxes  ^vhen  no  addi- 
tion to  be  made 

paid  before  the  first  day  of  August,  but  that  an  addition  of  one  per  to      es' 

When  addition 

■cent  of  every  unpaid  tax  will  be  made  thereto  on  that  day,  and  a  like  to  be  made. 

addition  of  one  per  cent  on  every  thirtieth  day  thereafter  until  such 

addition  shad  amount  to  six  per  cent  of  such  tax  :   Provided,  kowever,  proviso. 

That  when  a  person  shall,  on  or  about  the  twenty-fifth  day  of  July 

hand  to  the  receiver  of  taxes  a  list  of  the  property  on  which  he  wishes 

to  pay  the  taxes,  and  shall  be  unable  to  pay  said  taxes  before  the  first 

day  of  August  on  account  of  a  pressure  of  business  in  the  receiver's 

office,  then  he  shall   not  be  charged  any  percentage  if  he  pay  said 

taxes  by  the  tenth  day  of  August.      Upon  the   receipt  of  any  tax  the  Receipt  for 

taxes  paid. 

receiver  shall  mark  the  same  paid  upon  the  proper  roll  and  give  a  re- 
ceipt therefor.  Any  person  owning  an  undivided  share,  or  other  part' 
or  parcel  of  real  property  assessed  in  one  descriptien,  may  pay  on  the 
part  thus  owned  by  paying  an  amount  having  the  same  relation  to  the 
Whole  tax  as  the  part  on  which  payment  is  made  has  to  the  whole  par- 


98  CHARTER   OF    THE   CITY   OF    DETROIT. 

Chapter  10.    '  assessment  01  rAXES  and  their  collection. 


eel.    The  person  making  such  payment  shall  accurately  describe  the 

part  on  which  lie  makes  payment,  and  the  receipt  given  and  the  record 

of  the   receiving  officer  shall  show   such   description  and  by  whom 

paid.     Any   person   having  a  lien  on   property  may  pa}-  the  taxes 

. .         thereon,  and  the  same   may  be  added  to  his  lien  and  recovered  with 
1  axes  p;iui  may  " 

"l  the  rate  of  interest  borne  by  the  lien.     On  the  first  day  of  January  fol- 
lowing the  time  when  any  tax    shall    become  due  and  payable,  the  re- 

When  Receiver  ceiver  8hal]  Uild  to  every  such    tax    six  per  cent  of  the  amount  thereof 
to  add  six  per  J  L 

c'  as  stated  in  the  roll,  and  the  amount  of  the  tax  and  of  such  addition, 

as  are  hereinbefore  specified,  shall  thenceforth  be  the  unpaid  tax,  and 

Interest  on         shall  bear  interest  from  that  day  at  the  rate  of  ten  per  cent  per  annum 
unpaid  taxes.  J  c  l 

till  paid,  except  as  is  herein  otherwise  provided.  On  or  before  the 
fifteenth  day  of  January  the  receiver  shall  add  to  the  tax  rolls  of  the 
unpaid  taxes  of  each  wrard  an  additional  column,  which  shall  show 
the  augmented  amount  of  every  such  tax.  Immediately  after  corn- 
Notice  of  mak-   pleting  such  roll  he  shall  cause  a  notice  to  be  published  in  five  suc- 

ing  out  roll  of 

unpaid taxes,etccessjve  numbers  of  at  least  two  daily  newspapers  published  in  said 
city,  stating  that  said  roll  of  unpaid  taxes  has  been  made  and  that  it 
will  remain  in  his  office,  where  such  taxes  may  be  paid  until  the  first 
day  of  February  following,  after  which  the   property  against  which 

maye"e'soidefor  such  taxes  are  assessed  shall  be  advertised  and  sold  as  herein- 
after provided,  It  shall  be  the  dut}r  of  the  board  of  assessors  to  make 
copies  of  said  rolls  as  finall)  confirmed  by  the  common  council,  upon 
which  they  shall  ratably  assess  the  county  and  state  taxes,  as  provided 
by  the  general  laws  of  the  state.  (As  amended  by  Act  approved  May 
24,  1889.) 

(S  171.)      Sec    10.      On  and  after  the  first  day  of  August  in  each 

Receiver  to  vo  ' 

taxesf  personal  year,  and  at  any  time  until  the  taxes  mentioned  in  this  section  are 
paid,  it  shall  be  the  duty  of  the  receiver  of  taxes,  and  the  clerks  or 
subordinates  in  his  office  designated  by  him  for  that  purpose,  to  col- 
lect all  unpaid  taxes  which  are  assessed  against  any  property  or  value 


CHARTER   OF   THE   CITY   OF   DETROIT.  99 

ASS]  SSMENT  OF  TAXES  AND  THEIR  COLLECTION.  CHAPTER   1 


other  than  real  estate,  and  if  necessary  the  said  receiver  and  said 
clerks  and  subordinates,  under  the  direction  and  iii  the  name  of  the 
receiver,  shall  have  power  to  levy  upon  and  sell  at  public  auction  the 

Levy  and  sale. 

personal  property  of  any  person  refusing  or  neglecting  to  pay  such 
tax.  Three  days'  notice  of  any  such  sale  shall  be  given  by  the  re- 
ceiver, by  publication  in  the  official  and  one  other  daily  newspaper  of 
said  city,  and  any  surplus  remaining  after  the  payment  of  the  tax  and 
percentage,  and  the  expense  of  drayage  and  storage,  shall  be  paid 
over  to  the  owner  of  such  property  or  other  person  entitled  to  receive- 
the  same  ;  and  the  said  receiver  shall  have  power,  in  the  name  of  the 
city  of  Detroit,  to  prosecute  any  person  refusiug  or  neglecting  to  pay  Power  to  sue- 
such  taxes  by  a  suit  in  the  circuit  court  for  the  county  of  Wayne,  and 
he  shall  have,  use,  and  take  all  lawful  ways  and  means  provided  bv 
law  for  the  collection  of  debts,  to  enforce  the  payment  of  any  such 
tax  ;  and  the  said  tax  roll  shall  be  prima  facie  evidence  of  the  indebt- 
edness by  such  person  and  the  regularity  of  the  proceedings  by 
which  the  tax  was  assessed  or  levied. 

(§  172.)  Sec.  11.  The  owners  or  occupants,  or  parties  in  inter-  owners  liable- 
est  to  any  real  estate  assessed  under  this  chapter,  shall  be  liable  to  l°  pay  taxeS' 
pay  every  such  tax  or  assessment,  and  if  the  same  shall  not  be  paid 
by  the  first  day  of  February  following,  or  any  part  thereof,  it  shall  be 
lawful  for  the  receiver  of  taxes  to  cause  a  notice  to  be  published  in 
the  official  daily  newspaper  for  the  city,  once  a  week  for  four  succes- 
sive weeks,  and  posted  in  three  or  more  public  places  in  each  ward, 
requiring  the  owners  or  occupants  of,  or  parties  interested   in  such  Sale  oi  property 

for  non-pay- 

lands,  tenements,  herditaments  or  premises,  to  pay  such  assessment  ment- 
or  tax,  and  that  if  default  be  made  in  making  such  payment,  such 
real  estate  will  be  sold  at  public  auction,  at  a  day  and  place  to  be 
specified  in  said  notice,  for  the  lowest  term  of  years  at  which  any  per- 
son shall  offer  to  take  the  same,  in  consideration  of  advancing  and 
paying  such  assessment  or  tax,  with  the  additions  provided   in  this 


CHAKTKR    ()!•'    Till.    CITY    OK    OK.TROIT. 


Chapter  10.  assessment  of  taxes  and  their  collection. 


art,  and  the  rest  and  expense  el'  advertising.     The  commou  council' 

in  its  discretion,  may  cause  said  notice,  Or  any  part  thereof,  to  be  pub- 
Publication  of     ....  .  _  .  ...  „        . ,    -    _ 
notice  in  (5er-     lisned  in  a  German  newspaper  ID  said  city  ;   Provided,  That  all  publi- 
man  langai 

cations  in  languages  ether  than    English    shall  not  exceed  the  sum  oi' 

twenty-live  hundred  dollars  per  annum,  now  authorized  by  the  charter 
of  the  city  of  Detroit. 

el' to  make  (^  ^-)     ^KC-  ^-     If  the  owner  or  occupant  of,  or  parties  in  in- 

sale  for  delin- 
quent taxes.       terest  m  such  real  estate,  do  not  pay  such  assessment  or  tax,   with 

costs,  additions  and  charges,  within  the  period  above  prescribed  for 
the  publication  of  said  notice,  then  the  said  receiver  shall  have  the 
power,  without  any  further  notice,  to  cause  such  real  estate  to  be  sold 
at  public  auction,  for  the  lowest  term  of  years  at  which  any  person 
shall  offer  to  take  the  same,  in  consideration  of  advancing  such  as- 
sessment or  tax,  with  the  costs,  additions  and  charges,  and  to  direct 
the  execution  of  a  proper  certificate  of  such  sale  to  the  purchaser 
thereof  ;  aud  if  such  real  estate  shall  not  be  redeemed  within  one 
Redemption       year  after  such  sale  thereof,  as  hereinafter  provided,   the  controller 

from  sale. 

shall,  in  the  name  of  the  city  of  Detroit,  execute  and  deliver  to  such 

purchaser,  or  his  assignee,  a  prOper  deed  for  the  conveyance  of  such 

real  estate  for  the  term  for  which  the  same   was   sold  ;  which   deed 

„     ,  shall  be  prima  facie  evidence  of  the  regularity  of  all  the  proceedings 

Deed  prima  *  °  J  ° 

oftuieT1  en°e  under  which  the  sale  was  made  and  said  deed  was  executed,  up  to  the 
date  of  such  deed.  Any  person  who,  under  such  deed,  may  enter  into 
such  real  estate,  and  erect  or  place  any  building  or  other  property 
thereon,  shall  have  the  right  at  the  expiration  of  said  term,  or  in  case 
he  shall  be  ousted  before  the  expiration  of  such  term  by  any  person 
claiming  adversely  to  said  deed,  then,  within  three  months  after  trial, 
judgment  or  ouster  or  ejectment,  to  remove  said  buildings  or  proper- 
ty from  said  real  estate.  And  in  all  sales  of  lands  for  taxes  aforesaid, 
if  the  purchaser,  or  his  assigns,  shall  die  before  a  deed  or  other  con- 
veyance shall  be  executed  on  such  sale,  the  deed  may  be  executed  by 


CHARTER   OF    THE   CITY   OF   DETROIT. 


ASSESSMENT  OF  TAXES  AMD  THEIR  COLLECTION.  CHAPTER  10 


the  controller  to  and  in  the  mime  of  the  purchaser  or  assigns,  who, 
if  living,  would  be  entitled  to  a  deed  or  conveyance,  which  deed  or 
conveyance  shall  vest  the  title  in  the  heirs  or  devisees  of  such  de- 
ceased person,  in  the  same  maimer,  and  liable  to  like  claims  of  credi- 
tors and  other  persons  as  if  the  same  had  been  executed  to  such  de- 
ceased person  immediately  previous  to  his  death  ,  or  the  executor  or 
administrator  may  assign  the  certificate  of  purchase,  and  the  deed  of 
conveyance  may  issue  to  the  assignee  thereof  ;  and  in  like  cases, 
which  have  heretofore  occurred,  the  same  rule  shall  apply,  and  all 
deeds  and  conveyances  heretofore  issued  in  the  name  of  any  deceased 
person,  who,  if  living  at  the  time  of  the  execution  thereof,  would 
have  been  entitled  thereto,  shall  have  like  effect  as  above  provided. 

(§  174.)  Sec.  13.  When  any  lands,  tenements,  and  heredita- 
ments shall  be  sold  according  to  the  foregoing  provision  for  the  pay-  (  emfn 
ment  of  any  assessment  or  tax.  as  aforesaid,  if  the  owners  or  occu- 
pants of  or  parties  in  interest  in  the  same  shall,  within  one  year  after 
such  sa'e,  deposit  with  the  treasurer  of  said  city,  for  the  use  of  the 
purchaser,  the  full  amount  of  the  assessment  or  tax  for  which  such 
real  estate  was  sold,  and  such  interest  as  the  common  council  shall 
prescribe,  as  hereinafter  authorized,  together  with  the  amount  of  the 
costs  and  charges,  then  the  term  for  which  such  real  estate  was  sold 
shall  cease  and  be  determined  at  the  time  of  making  such  deposit, 
subject,  however,  to  the  right  of  the  purchaser,  his  heirs,  executors, 
administrators,  or  assigns,  to  remove  any  building  or  building  ma- 
terials as  hereinbefore  provided. 

(§  175.J     Sec.  14.     Any  person  in  the  possession   of  any  real  estate,  Person  in 

possession 

at  the  time  any  tax  is  to  be  collected,  shall  be  liable  to  pay  the  tax  im-  liable  for  tax- 
posed  thereon,  and  in   case  any  other  person,  by  agreement  or  other- 
wise, ought  to  pay  such  tax,  or  any  part  thereof,  the  person  in   posses- 
sion, who  shall  pay  the  same,   may   recover  the  amount  from  the  per- 


CHARTER   OF   TllK   CITY   OF   i>KTROIT. 


C'll  M'l  1   K    10, 


Interest  i  n 
unpaid  taxes. 


ASSESSMENT  Ol     [\AXES  AND  THEIR  COLLEI    rlON. 


son  who  ought  to  have  paid  the  same,  in  an  action  of  assumpsit,  as  for 
moneys  paid  out  and  expended  for  his  benefit,  or  may  deduct  the 
amount  from  any  rent  due  or  to  become  due  to  the  person  who  should 
have  paid  such  tax. 

(§  176.)  Sec.  15.  The  common  council  shall  have  power  to 
charge  interest,  at  a  rate  not  exceeding  ten  rer  cent  per  annum,  from 
the  time  of  sale  upon  the  amount  to  be  paid  upon  the  redemption  of 
any  such  real  t state  and  premises  to  sold. 


„.  ,  fS  177.)     Sec.  1(5.      Any  person  who  shall  at  such  sale  purchase 

liiirht  to  re-  \s  /  j    1  1 

™°*e  '  for  a  term  of  years,  any  lots,  grounds  or  wharves,  shall  have  the  right 

to  remove  any  building  or  building  materials  erected  or  deposited  by 
or  belonging  to  him,  and  situated  on  said  lots,  grounds  or  wharves,  at 
any  time  within  three  months  after  the  expiration  of  the  teim  or  time 
for  which  the  same  were  sold. 


Controller  or 
Mayor  to 
execute  con- 
veyance. 


Controller  to 
bid  for  city 
-where  no  one 
offers  to  bid. 


Certificates 
of  sale. 


(§  178.")  Sec.  17.  The  controller,  or  in  his  absence  the  mayor 
may  execute  in  the  name  of  the  corporation,  and  under  its  corporate 
seal,  proper  conveyances  or  certificates  of  sale  of  all  lands,  tenements 
or  hereditaments  sold  for  assessments  or  taxes,  which,  wdien  duly 
acknowledged  and  attested  by  the  city  clerk,  maybe  recorded  as  other 
conveyances  of  land  under  the  laws  of  this  state. 

(§  179.)  Sec.  18.  It  shall  be  the  duty  of  the  controller  to  bid  in 
for  the  corporation,  at  any  sale  of  real  estate  for  assessments  or  taxes, 
every  lot  of  land  or  premises  for  which  no  person  shall  offer  to  bid  ; 
and  if  any  purchaser  shall  refuse  or  neglect  to  pay  the  sum  or  sums 
bid  by  him,  within  the  time  and  under  the  regulations  prescribed  by 
the  common  council,  such  bids  shall  enure  to  the  use  and  benefit  of 
the  corporation,  if  the  common  council  so  elect.  Upon  all  such  bids 
by  the  controller,  and  all  bids  as  aforesaid,  to  the  use  and  benefit  of 
the  corporation,  conveyance  and  certificates  of  sale  may  be  executed 


CHARTER   OF   THE   CITY   OF    DETROIT.  IO3 


ASSESSMENT  OF  TAXES  AND  THEIR  COLLECTION.  CHATTER   10 


by  the  controller  to  the   corporation,   acknowledged  and  attested  by 

the  city  clerk,  and  recorded  in  the  same  manner  as  provided  in  other 

cases  of  sale  for  assessment  or  taxes.     But  in  all  cases  of   sales   for 

Special 
special  assessments,  the  property  so  bid  in   for  the   corporation  may;  assessment. 

at  the  option  of  the  common  council  be  held  in  trust  for  the  person  or 

contractor  in  whcse  behalf  such  assessment  shall  have  been  made,  o 

his  assignee,  or  upon   payment  to  such  person  or   contractor  of  tt  e 

amount  for  which  such  property  shall  have  been  bid  in,  the  city  may,. 

as  in  case  of  the  general  tax,  become  the  owner  of  the  tax  title  or  lease 

thus  obtained,  and  may  dispose  of  the  same  as  if  obtained  under  a  like 

sale  for  any  general  tax. 

(S  180.)     Sec.  19.     All  assessment  rolls  and  proceedings  under 

v"3  >  Allconvey- 

this  chapter,  and  all   conveyances,  certificates  of  sale,  and   leases   of  taken  ^prima 

...  ,.         facie  evidence 

any  lands,  tenements  or  hereditaments,  executed  by  the  corporation,  of  regularity  of 

all  proceedings. 

or  any  of  its  officers,  by  virtue  of  this  act,  shall  be  taken  and  received 
in  all  courts  as  frima  facie  evidence  of  the  regularity  of  the  proceed- 
ings by  which  any  tax  heretofore  mentioned  was  assessed  or  levied. 

(§  181)    Sec.  20.      Assessment  rolls  to  defray  the  expense   of 

..  Assessments 

constructing  lateral  sewers,   side  and   crosswalks,  paving,   grading,  for  sewers, 

paving-  and 

macadamizing,  graveling  or  otherwise  improving  streets,  lanes  or  sidewalks. 
alleys,  or  for  defraying  the  expense  of  any  local  improvements  pro- 
perly payable  from  the  proceeds  of  special  aesess  nent,  shall  be  placed 
in  the  hands  of  the  receiver  of  taxes  for  payment,  as  may  be  provided 
by  ordinance  or  resolution  of  the  common  council,  for  the  space  of 
thirty  days,  after  which  warrants  for  the   collection  of  the   same  may 

J         J    '  Warrants. 

be  issued,  and  such  proceedings  for  the  collection  thereof  be  had  as 
are  or  shall  be  prescribed  by  law,  or  by  any  ordinance  or  resolution 
of  the  common  council,  and  sales  of  any  real  or  personal  estate  for 
any  unpaid  assessment  shall  be  made  in  like  manner,  and  with  like 
effect,  as  in  case  of  sales  for  the  non-payment  of  the  general  tax. 


!.•(  CHARTER   OF   THE   CITY   OE   DETROIT. 

Chapter  10.  assessment  of  taxes  and  their  collection, 


Personal  (§   182.)     Sec.  21.     All  tuxes  upon   personal  property  may  be  as- 

liroptil- 

w  n.r'  ' '"  '  "  BeS8ed  '"  an.v  w^fvl  of  said  city,  whether  the  person  assessed  be  a  resi- 
Proviso.  dent  of  such  ward  or  not  ;    Provided  only,   The  property  bo  assessed 

shall  be  in  said  ward,  and  the  officer  to  whom  any  warrant  for  the 
collection  of  the  same,  or  any  tax  or  assessment  on  real  estate  is 
delivered,  may  execute  the  same  by  a  levy  and  sale  of  any  personal 
property,  in  any  ward  of  said  city,  belonging  to  the  person  or  persons 
chargeable  with  such  tax  or  assessment. 


CHARTER     XI. 


TAXATION    AND    FINANCE.  » 

(§  183.)     Section  1.      The  revenues  and  moneys  of  the  corpora- 
tions shall  divided  into  the  following  funds,  viz.  :  ,ision  of 


revenues  into 
funds. 


First,  General  fund,  which  shall  he  appropriated  to  defray  the 
expenses  of  the  city  of  Detroit,  for  the  payment  of  which,  out  of 
some  other  fund,  no  provision  is  herein  named  ; 

Second,  Contingent  fund,  to  dt  fray  the  contingent  expenses  of 
said  city  ; 

Third,  Interest  fund,  to  pay  the  interest  on  the  funded  debt  of 
the  city  ; 

Fourth,     Sinking  fund,  to  pay  the  funded  debt  of  said  city  ; 

Fifth,  Detroit  lire  commission  fund,  to  defray  the  expenses  of 
purchasing  lots,  erecting  engine  houses  thereon,  purchasing  engines 
and  other  fire  apparatus  and  all  other  expenses  necessary  to  main- 
tain the  fire  department  of  said  city  ; 

Sixth,  Poor  fund,  to  defray  the  expenses  of  providing  for  and 
taking  care  of  the  poor  of  said  city  ; 

Seventh,  General  road  fund,  to  defray  the  expenses  of  repairing 
paved  streets  and  alleys,  and  of  grading,  paving  and  improving  the 
highways,  Streets  and  alleys  of  said  city,  in  front  of  or  adjacent  to  the 


106  CHARTER   ok   THE   CITY   OK   DETROIT. 

Cm  IPTEK  11.  fAXATION  AND  FINANCE. 


property  of  the  corporation,  and  to  defray  the  expenses  of  construct- 
ing ami  repairing  cross  walks  in  the  several  wards  of  the  city  ; 

/Cio-hth,  District  road  fund  for  each  ward  of  the  city,  to  defray 
the  expenses  of  working,  repairing,  cleaning  and  improving  the  high- 
ways streets  and  alleys  in  the  ward  for  which  such  district  road  fund 
is  constituted  and  raised; 

.Yin///,  Sewer  fund,  to  defray  the  expenses  of  constructing  sew- 
ers in  said  city*; 

Tenth,  Street  opening  fund,  to  defray  the  expenses  of  opening, 
widening,  vacating,  altering,  straightening,  extending  or  abolishing 
any  highways,  streets,  alleys  or  avenues  in  said  city  ; 

Eleventh,  Street  paving  fund,  to  defray  the  expenses  of  grading, 
paving  and  graveling,  macadamizing  or  planking  highways,  streets, 
alleys,  sidewalks  and  cross-walks  in  front  of,  or  adjacent  to  private 
property,  and  of  putting  curb-stones  and  culverts  therein  ; 

Twelfth,  Public  building  fund,  for  purchasing  any  real  estate  for 
the  erection  thereon  of  any  public  buildings,  and  to  defray  the  ex- 
penses of  erecting,  repairing  and  preserving  such  public  buildings  as 
the  common  council  is  authorized  to  erect  and  maintain,  and  are  not 
herein  otherwise  provided  for,  which  fund  shall  from  time  to  time  be 
divided  into  special  building  funds,  to  defray  the  expense  of  erect- 
ing, repairing  and  preserving  the  particular  building  or  buildings  for 
which  such  special  building  fund  may  be  constituted  or  raised  ; 

Thirteenth,  Recorder's  court  fund,  to  maintain  the  recorder's 
■court ; 

Fourteenth,  Public  lighting  fund,  to  defray  the  expense  of  light- 
ing the  public  streets,  parks,  alleys  and  public  places,  public  markets 
and  public  buildings  of  said  city  ; 


CHARTER   OF   THE    CITY   OF   DETROIT.  I07 


TAXATION-  AM)  FINANCE.  C  HAPTER    11 


Fifteenth,  Such  other  funds  as  the  common  council  may  consti- 
tute for  special  purposes,  not  inconsistent  with,  nor  to  be  taken  from, 
any  of  the  funds  above  constituted  or  raised  ; 

Sixteenth,  Also  a  fund  for  defraying  the  expense  of  the  removal 
and  destruction  of  garbage  and  all  vegetable  and  animal  refuse  from 
said  city.     (As  amended  by  Act  approved  June  17,  1889.) 

(S  184.)     Sec.  2.   The  common  council  shall  have  power  annually 

vo  Tax  for  gen  - 

to  lew,  assess  and  collect  taxes  not  exceeding  one  per  cent  on  the  as"  era!  etc., 

-  '  funds. 

sessed  value  of  all  real  and  personal  estate  in  said  city,  made  taxable 
by  the  laws  of  this  state,  in  order  to  defray  the  expenses,  and  for  the 
purpose  for  which  the  general   fund,   contingent  fund,   Detroit  fire 
commission  fund,  poor  fund,  general   road  fund  and  recorder's  court 
fund   are   constituted   as   above.      Said  common  council    shall  have 
power  annually  to  levy  assessments  and  collect  taxes  on  the  assessed 
value  of  all  real  and  personal  estate  in  said  city,  made  taxable  by  the 
laws  of  this  state,  in  order  to  defray  the  expenses  and  for  the  pur- 
pose for  which  the  public  lighting  fund  is  constituted  as  above.     Said 
common  council  shall  have   power  to  advertise  for  proposals  and  con- 
tract for  such  public  lighting  for  the  term  of  one,  two  or  three  years, 
as  they  shall  deem   advisable:     Provided,     That   the   amount  to  be  Proviso, 
raised  for  said  public  lighting  fund  in  any  one  year  shall  not  exceed 
the  estimated  cost,  or  the  actual  cost,  if  already  contracted   for,  of 
the  public  lighting  of  that  year:      Provided  further,  That  the  com-  Further  proviso 
mon  council  shall  have  the  power  to  advertise  for  proposals,  and  con- 
tract for  the  removal,  disposition  or  destruction  of  garbage  and  all 
animal  and  vegetable  refuse  for  the  term  of  one,  two  or  three  years, 
as  they  shall  deem  advisable;  but  the  amount  to   be   raised   for  any 
such  purpose  in  any  one  year  shall  not  exceed  the  estimated  cost,  or 
the  actual  cost,   if   annually   contracted    for,     for    that    year.        (As 
amended  by  Act  approved  June  17,  1889.) 


to8  CHARTER   O*'    THE    CITY    OE    DETROIT. 


Chapter  11  rAXATioN  anp  finance. 


erto  (§  is;>     Sec.     8.     The  common  council  shall  also  have  power 

i  for 

District  Road     annualh  to  levy,  assess  and  collect  taxes  on  the  assessed  value  of  all 

Fund  limited.  •  J 

real  and  personal  estate  in    each    ward   of  said  city,  made  taxable  by 

the  laws  of  this  state,  in  order  to  defray  the  expenses,  and  for  the 
purposes  for  which  the  district  road  fund  is  constituted  as  above; 
Provided,  That  such  taxes  shall  not  exceed  in  amount  the  rates  of 
township,  road  or  highway  taxes  as  are  now  or  hereafter  established 
by  the  laws  of  this  state. 

(§  186.)  Sec.  4.  The  common  council  shall  also  have  power 
hinXdfetc?Wer  annually  to  levy,  assess  and  collect  taxes,  not  exceeding  two  hundred 
thousand  dollars,  on  the  assessed  value  of  all  the  real  and  personal 
estate  in  said  city,  made  taxable  by  the  laws  of  this  state,  in  order  to 
defray  the  expenses  of  constructing  sewers,  and  for  the  purpose  for 
which  the  sewer  fund  is  constituted  as  above.  (As  amended  by  Act 
approved  July  1,  1889.) 


Interest  fund. 


(§  187.)  Sec.  5.  The  common  council  may  annually  levy,  as- 
sess and  collect  on  the  assessed  value  of  all  real  and  personal  estate 
of  said  city,  made  taxable  by  the  laws  of  this  state,  taxes  for  the  pur- 
poses of  the  interest  fund,  not  exceeding  in  amount  a  sufficient  sum 
to  pay  the  interest  accrued,  or  to  accrue,  on  the  funded  debt  of  said 
city  for  the  year  for  which  such  taxes  are  levied:  Provided,  That  the 
common  council  may  further  provide  in  such  annual  tax  levy  for  a 

Deficiencies.  gum  sufficjent  to  cover  any  deficiency  which  may  have  occurred,  or 
likely  to  occur,  to  this  fund  by  rea-on  of  the  non-payment  of  taxes, 
or  from  any  other  causes  wdiatevcr;  and  also  taxes  not  exceeding  ten 

Sinking  fund.     til0usan(i  dollars  in  any  year  for  the  purposes  of  the  sinking  fund. 

(§  188.)     Sec.  6.     The  proceeds  of  each  special  assessment  levied 

Special  as.sess- 

for  the  grading  or  paving  of  any  street  or  alley  shall  become  part  of 

p.irt  of  paving  °  °  *  °  J 

the  street  paving  fund,  and  be  credited  therein  to  the  account  of  the 


CHARTER   OF   THE    CITY   OK    DETROIT.  I09 

TAXATION  AND    FINANCE.  CHAPTEK    11 

specific  improvement  for  which  the  assessment  was  made  ;  Providi  d, 
That  the  common  council  shall  not,  in  any  one  year,  enter  into  con- 
tracts for  the  grading  and  paving  of  streets,  alleys  and  public  places, 
the  cost  of  which  will  exceed  in  the  aggregate  two  hundred  thousand 
dollars,  except  upon  the  petition  of  the  holders  of  the  larger  portion 
of  the  real  estate  directly  abutting  upon  the  portions  of  the  street  or 
alley  proposed  to  be  improved.  (As  amended  by  Act  No.  470.  Ap- 
proved Suly  1,  1889.) 

(§  189,)     Sec.  7.     The  common  couucil  shall  also  have  power  to  lundin^Fund 

...  n        ,  may  be  bor- 

provide  money  for  the  sewer  fund  and  the  public  building  fund,  by  ,-owed;  Bonds 

to  be  issued 
borrowing  upon  the  faith  and  credit  of  said  city,   and   upon  the  best  therefor. 

terms  that  can  be  made,  such  sums  of  money  as  shall  be  deemed  ne- 
cessary and  expedient,  and  to  issue  the  bonds  of  the  city  therefor  ; 
but  said  bonds  shall  not  be  negotiated  at  less  than  their  par  value,  or 
bear  interest  to  exceed  seven  per  centum.  The  common  council  shall 
also  have  power  to  borrow  by  issuing  bonds  to  be  known  as  "  public 
improvement  bonds  of  the  city  of  Detroit,"  on  the  faith  and  credit  of 
the  city  aforesaid,  such  sums  of  money  as  may  be  necessary  for  the 
purpose  of  constructing  a  highway  by  bridge  or  tunnel,  with  suitable 
draws,  sites  and  approaches  over  or  under  the  Detroit  river,  from  any 
point  within  the  city  limits  or  within  one  mile  thereof;  Provided,  proviso. 
That  all  of  said  public  improvement  bouds  be  issued  for  the  purpose 
above  expressed,  and  bridging  the  American  channel  of  the  Detroit 
river  to  Belle  Isle,  if  the  same  shall  have  been  or  may  be  authorized 
liy  an  act  of  the  legislature  of  this  State,  shall  not  exceed  the  sum  of 
five  hundred  thousand  dollars  :    Provided,   however,  That  the   gross  Provis0t 

debt  of  the  city,  not  including  the  debt  of  the  water  board,   and   de- 
Gross  debt  of 
ducting  the  means  in  the  sinking  fund  of  the  city,  shall  never  exceed  city. 

two  per  cent,  of  the  assessed  value  of  all  the  real  and  personal  pro- 
perty in  said  city  ;  and  all   bonds   and   other  indebtedness   issued  or 


CHARTER   OV    THE   CITV   OB    DETROIT. 


Chapter  ll. 


fAXATION    IND  FINANCE, 


Endorsement. 


Denomination    created  in  excess  thereof  shall  be  void.     Bonds  issued  under  this  sec- 
oi  bonds : 

amount;  by       fjon  ^ia]i  |u.  respectively  denominated  "sewer  bonds  of  the  city  of  De- 

whom  signed  ;  r 

record  thereof,  troit)»  ..  pub]ic  building  bonds  of  the  city  of  Detroit,"  and  "public 
improvement  bonds  of  the  city  of  Detroit,"  and  shall  be  regularly 
dated  and  numbered  in  the  order  of  their  issue;  shall  be  for  sums 
not  less  than  five  hundred  dollars  each,  and  shall  be  payable  in 
not  less  than  rive  years  or  more  than  thirty  years  from  date  ;  shall  be 
issued  under  the  seal  of  the  corporation,  signed  by  the  mayor,  and 
countersigned  by  the  controller.  The  controller  shall  keep  an  accur- 
ate record  of  said  bonds  and  of  the  class  of  indebtedness  to  which 
they  belong,  the  number,  date  and  amount  of  each  bond,  its  rate  of 
interest,  when  and  where  the  same  is  payable,  and  the  person  to  whom 
it  is  issued.  The  proceeds  of  said  bonds  shall  be  paid  into  the  city 
treasury,  and  be  credited  to  the  funds  for  which  the  bonds  were 
issued,  and  be  applied  exclusively  to  the  purpose  for  which  said  funds 
are  constituted  by  this  act.  It  shall  be  the  duty  of  the  city  controller, 
in  the  preparation  of  all  bonds,  as  required  by  this  act,  to  cause  to  be 
written  or  printed  upon  the  bond,  on  the  outside  fold  of  the  same,  so 
that  the  same  may  always  be  in  plain  sight,  the  following  words,  to 
be  signed  by  the  treasurer  of  the  city,  and  the  bonds  not  to  be  valid 
without  his  signature: 


Form  of  En- 
dorsement. 


"  This  bond  has  been  made  and  issued  in  compliance  with  law  ; 
has  been  duly  registered  in  the  books  of  this  office,  and  the  proceeds 
of  the  same,  together  with  all  the  promiums  on  sale,  and  interest  ac- 
cruing before  delivery,  have  been  paid  into  this  office. 


"Detroit IS. 


City   Treasurer.'''' 


CHARTER   OF   THE    CITY   OF   DETROIT. 


TAXATION  AND   FINANCE.  CHAPTER  11 


When  any  issue  of  bonds  is  duly  authorized  by  law,  and  the  con-  Bids  for  bonds 

to  be  reported 

troller  shall  have  first  advertised,  in  such  manner  as  the  common  to  council. 
council  shall  direct,  for  sealed  proposals  for  the  purchase  of  the 
bonds  about  to  be  issued,  and  shall  have  received  proposals  for  the 
purchase  of  such  bonds,  he  shall  report  the  bids  to  the  common  coun- 
cil. The  common  council  having  authorized  the  sale  of  such  bonds, 
according  to  the  proposals  for  the  same,  the  controller  shall  prepare 
such  an  amount  of  the  issue  only  as  may  be  ordered  sold,  and  having 
caused  the  same  to  be  duly  executed  and  recorded  in  the  books  of  his 
office,  with  all  the  particulars  as  required  by  the  charter,  he  shall 
transmit  the  same,  with  the  name  of  the  purchaser,  number,  date, 
time  and  denomination   of  bonds,   to   the   city   treasurer,   taking  his  dutielTreiative 

thereto. 

receipt  for  the  same,  and  shall  also  report  the  eDtire  transaction  to 
the  common  council  at  its  next  succeeding  session.  It  shall  be  the 
duty  of  the  city  treasurer,  on  receipt  of  said  bonds,  to  immediately 
notify  the  parties  to  whom  the  bonds  have  been  awarded,  that  the 
same  are  ready  for  delivery,  and  deliver  to  said  parties  the  bonds  ac- 
cording to  their  accepted  bids  for  the  same,  cliargiug  them  with  the 
premium,  if  any  is  included  in  the  proposals,  and  the  interest  accrued 
on  the  bonds  at  the  date  of  delivery,  and  further  comply  with  this 
chapter  by  recording  said  bonds  and  signing  the  blank  as  aforesaid 
and  report  to  the  common  council,  at  its  next  following  session,  the 
full  particulars  of  the  delivery  of  the  bonds,  which  report,  together 
with  the  report  of  the  controller,  heretofore  mentioned,  shall  be  re- 
ferred to  the  committee  on  ways  and  means,  who  shall  compare  the 
report  of  the  treasurer  with  that  of  the  controller,  and  report  to  the 
council  upon  the  correctness  of  the  same,  when  they  shall  have  found 
them  to  be  correct.     It  shall  be  the  duty  of  the  city  treasurer,  when- 

Coupons,. 

ever  coupons  are  presented  at  his  office  for  payment,  to  first  examine  how  p:iid" 
his  coupon  book,  to  ascertain  if  the  bond  from  which  such   coupon  is 
cut  has  been  regularly  issued,  and  the  proceeds  thereof  have  been  re- 


CHARTER   OF    THE    CITY   OF    DETROIT. 


Chapter  11.  rAXATiow  and  finance. 


gularly  paid  into  the  treasury,  and  if  the  payment  of  such  interest  is 
due.  And  if  such  be  found  to  be  the  fact,  he  shall  transmit  said  cou- 
pons, with  the  certificate  of  their  correctness,  to  the  city  controller. 
[t  shall  be  the  duty  of  the  controller,  upon  the  receipt  of  said  cou- 
pons and  certificate  of  the  treasurer,  to  examine  the  same,  comparing 
them  with  the  records  of  bonds  in  bis  office,  and  previous  payment  of 
coupons,  and,  if  found  correct,  issue  his  warrant  on  the  treasurer  in 
payment  of  the  same,  whereupon  he  shall  cause  the  said  coupons  to 
be  firmly  pasted  in  a  book  prepared  for  such  purpose,  which  book 
shall  be  so  prepared  and  ruled,  with  spaces  for  each  coupon,  under  a 
complete  record  of  the  bond  from  which  said  coupon  is  cut,  together 
with  the  date  or  payment  aud  the  name  of  the  party  to  whom  pay- 
ment is  made,  so  that  the  said  book  will  at  all  times  properly  and 
plainly  display  the  complete  record  of  the  bond,  aud  all  payments  of 
interest  by  the  original  coupon,  date  of  each  payment,  and  name  of 
the  party  to  whom  paid,  and  to  which  book  or  books  the  controller 
shall  make  reference  before  the  payment  of  any  such  coupon. 

Contracts  for 
public  works, 

supplies,  etc.  (§  190.)     Sec.  8.     No  contract  shall  be  let  or  entered  into  for  the 

construction  of  any  public  work,  or  for  any  work  to  be  done,  or  for 
the  purchasing  or  furnishing  of  supplies  for  said  city  not  herein  pro- 
vided for,  and  no  such  public  work,  performance,  purchasing  or  sup- 
plying shall  be  commenced  until  approved  by  the  common  council, 
and  until  the  contract  therefor  has  been  duly  approved  and  confirmed 
by  the  common  council,  and  a  tax  or  assessment  levied  to  defray  the 
cost  and  expense  of  the  same,  and  no  such  work,  supplies  and  mate- 
rials shall  be  paid  for  or  contracted  to  be  paid  for,  except  out   of  the 

Proviso.  proceeds  of  the  tax  or  the  assessment  thus  levied  :  Provided,  however, 

That  the  public  lighting  maybe  contracted  for  and  paid   for  in  ac- 

Further  proviso 

cordance  with  section  two  of  this  act  :  And  provided  further,  That  the 
removal,  disposition  or  destruction  of  garbage  may  be  contracted   and 


CHARTER   OF   THE    CITY   OE    DETROIT.  1 13 

TAXATION'  AND  FINANCE.  CHAPTER  11 


paid  for  in  accordance  with  the  provisions  of  section  two   of  this  act. 
(As  amended  by  Act  approved  June  IT,  1889.) 

(§  191.)     Sec.  9.     No  contract  for   the  purchase   of  any  real  es-  Contracts  to  be 

vo  '  J  let  to  lowest 

tate,  or  for  the  construction  of  any  public  building,  sewer,  paving,  bldder'  etc- 
graveling,  planking,  macadamizing,  or  for  the  construction  of  any 
public  work  whatever,  or  for  any  work  to  be  done,  or  for  purchasing 
or  furnishing  any  material,  printing  or  supplies  for  said  corporation, 
if  the  purchase  of  said  real  estate,  or  the  expense  of  such  construc- 
tion, repairs,  work,  printing  materials  or  supplies  shall  exceed  two 
hundred  dollars,  shall  be  let  or  entered  into  except  to  and  with  the 
lowest  responsible  bidder,  with  adequate  security:  Provided,  That  Proviso. 
in  case  of  repairing  paved  streets,  building  and  repairing  crosswalks, 
culverts,  intersections  and  sidewalks,  the  common  council  may  cause 
the  same  to  be  done  by  the  board  of  public  works  when  so  deemed 
advisable  and  ordered  by  a  two-third  vote  of  all  the  aldermen  elect. 
And  as  to  such  work  or  material  requiring  mechanical  skill,  to  and 
with  practical  mechanics,  and  as  to  such  other  work,  supplies  or  ma- 
terials not  requiring  mechanical  skill,  to  and  with  such  persons  as 
shall  be  deemed  competent  for  the  performance  of  any  such  contract, 
and  not  until  a  notice  calling  for  bids  shall  have  been  duly  published 
in  at  least  one  daily  paper  published  in  said  city,  and  for  such  period 
as  the  common  council  shall  prescribe;  and  no  bids  shall  be  accepted 
from  or  contract  awarded  to  any  person  who  is  in  arrears  to  the  cor- 
poration upon  debt  or  contract,  or  who  is  defaulter  as  security  or 
Otherwise  upon  any  obligation  to  the  corporation,  or  who  shall  in 
other  respects  be  disqualified  according  to  the  provisions  of  this  Act. 
(As  amended  by  Act  approved  June  2,  1889 ) 

(8  192.)     SEC.   10.     No  loan,  bond,  or  other  evidence  of  debt,  not ?vAde£ce °£  t 

xo  '  debt,  for  what 

expressly  authorized  by  this  act,  or  any  act  hereby  continued  in  force, 
shall  be  made  or  issued  hy  the  common  council  or  any  officer   of  the 


"I 


CHARTEH   OF   THE   CITV    OF   DKTROIT. 


(.'ll  VPTl  R   II. 


T  \\  \  II. IN    AMI    1  ■  1   ..  \    ri    I 


corporation  :  Provided,  however,  That  the  common  council  may  issue 
new  bonds  for  the  refunding  of  bonds  and  evidences  of  debt  already 
issued  ;  and  the  proper  officer  of  the  corporation  may  draw  and  issue 
orders  on  the  treasurer  for  the  necessary  and  current  expenses  of  the 
city. 


borrow  money  (§  193  )    Sec.  11.     The  common  council  shall  not  have  authority, 

unless  expi  i 

h  authorized,     except  as  herein  specially  provided,  to  borrow  any  sums   of  money 

whatsoever  on  the  credit,  of  the  corporation,  but  may   authorize  the 

controller  to  borrow,  from  time  to  time,  on  such  credit,  such  sums   as 

may  be  necessary  to  meet  the  expenditures  under  the  appropriations 

for  the  current  fiscal  year. 


New  bonds, 
what  to  thow 
and  how 

issued. 


Controller  to 
keep  a  record. 


(§  194.)  Sec.  12.  All  new  bonds,  issued  for  the  refunding  of 
bonds  and  evidences  of  debt  before  issued,  shall  show  the  class  of  in- 
debtedness to  which  they  belong  ;  be  issued  on  the  best  terms  that 
can  be  made  ;  be  regularly  dated  and  numbered  in  the  order  of  their 
issuance  ;  shall  be  for  sums  not  less  than  five  hundred  dollars  each  ; 
shall  be  issued  under  the  seal  of  the  corporation,  signed  by  the  mayor, 
and  countersigned  by  the  controller.  The  controller  shall  keep  an 
accurate  record,  showing  the  class  of  indebtedness  to  which  they  be- 
long, the  number,  date  and  amount  of  each  bond,  its  rate  of  interest, 
when  and  where  the  same  is  payable,  and  the  person  to  whom  it  is 
issued,  and  showing  also  what  bonds  or  evidences  of  debt  have  there- 
by been  refunded. 


Ronds  refunded 
to  be  cancelled. 


(§  195.)  Sec.  13.  All  bonds  and  evidences  of  debt,  when  re- 
funded, shall  be  cancelled  and  destroyed  by  the  treasurer,  in  the  pres- 
ence of  the  controller  and  a  special  committee  of  the  common  coun- 
cil appointed  for  the  purpose.  He  shall  record  and  keep  an  accurate 
description  of  all  bonds  and  evidences  of  debt  thus  cancelled  and 
destroyed. 


CHARTER   OF   THE   CITY   OF   DETROIT.  1 15 

TAXATION  AND  FINANCE.  CHAPTER    11 


(6  196.")     Sec.   14.     All  bonds  and  evidences  of  debt   issued,   and  Bonds  not 

issued  accord- 
all  contracts  made  or  entered  into  contrary  to  or  not  authorized  by  the  l°3}°  this  act 

provisions  of  this  act,  shall  be  absolutely  void.  The  common  council 
shall  incur  no  expenses,  and  create  or  pay  no  debt  or  liability  contrary 
to  or  not  authorized  by  the  provisions  of  this  act,  and  shall  not  appro- 
priate or  use  the  property  or  moneys  of  the  corporation,  except  as 
authorized  by  and  in  pursuance  of  law. 

(§  197.)    Sec.  15.     No  claim  or  demand  against  the  corporation  Ille&al  claimg 

not  to  be 

shall  be  allowed  or  paid,  or  warrant  on  the  treasury  issued  therefor,  if  allowed. 
the  same  be  contrary  to,  or  is  not  authorized  by  law,  and  no  additional 
allowance  beyond  the  legal  claim  under  any  contract  with  the  corpor- 
ation, or  for  any  services  on  its  account  or  in  its  employment,  shall  be 
allowed.     No  warrant  on  the  treasury  shall  be  drawn   for  any  claim  W:""i'ant  not 

J  to  be  drawn 

or  demand  for  the  payment  of  which  there  is  no  money  in   the   treas-  m'cmey  inttfe'3 

,  i   .,  „  treasury. 

ury  raised  or  received  for  such  purpose,  or  after  the  fund  constituted 
and  raised  therefor  has  been  exhausted  by  warrants  previously  drawn 
thereon,  or  by  appropriations,  liabilities,  debts  and  expenses  actually 
made,  incurred,  or  contracted  for,  and  to  be  paid  out  of  such  fund. 

(§  198.)    Sec.  16.     No  moneys  shall  be  paid  out  of  the  treasury, 
except  upon  a  warrant  signed  by  the  controller,   and   approved   and  b^paWout*0 

,,       .       ,  ,         ,  .  except  upon 

authorized  by  the  common  council  in  pursuance  of  law.     Such   war-  warrant  duly 

signed,  etc. 

rant  shall  specify  the  purpose  for  which  the  amount  thereof  is  to  be 
paid,  with  sutlicient  clearness  to  indicate  the  particular  fund  consti- 
tuted or  raised  therefor,  shall  have  endorsed  thereon  the  name  of  the 
particular  fund  out  of  which  it  is  payable,  and  shall  be  paid  from  the 
fund  constituted  for  such  purpose,  and  from  no  other. 

(§  199.)      Sec.    17.      No  claim  against  the  corporation  shall  be  claim  to  be 
audited  or  paid  unless  accompanied  by  the  affidavit  of  the  claimant  by  affidavit, 
(if  such  affidavit  be  required  by  the  controller),  that  the  service,  labor 
or  materials  upon  which  such   claim   is  based  have  been  actually  ren- 


Il6  CHART]  K    OV    THE    CITY   OF    DETROIT. 

I  i;    1  1  [TAXATION  ANP  FINANCE. 


Drafts  on  funds 
Limited. 


dered,  performed  or  furnished;  that  said  claim  is  justly  due,  and  that 
no  part  thereof  has  been  paid, except  as  to  the  credits,  if  any,  set  forth 
in  the  account   thereof. 

(£  200.)  Sec.  18.  The  common  council  shall  not,  by  warrant, 
draft,  or  order  on  the  treasury,  or  by  any  form  of  contract,  create  any 
liability  or  expense,  for  the  payment  of  which  any  particular  fund  is 
constituted  as  above,  to  a  greater  amount  in  the  aggregate,  for  one 
year,  than  the  amount  of  moneys  raised  for  and  paid  into  such  fund 
for  the  year.  All  warrants,  drafts,  orders  and  contracts  payable  under 
this  act,  out  of  any  particular  fund,  and  issued  or  made  after  the 
moneys  raised  for  and  paid  into  such  fund  shall  have  been  exhausted 
by  payments  therefrom,  or  liabilities  created  and  to  be  paid  out  of 
said  fund,  shall  be  absolutely  void  as  against  the  corporation. 

be^terested"  (§  2°1.)     Sec-  19-     No  contract  or  agreement,  written  or  verbal 

in  any  contract  ' 

with  city.  to  which  the  corporation  shall  be  a  party,  or  to  which  any  officer  or 

board  thereof  shall  officially  be  a  party,  for  the  construction  of  any 
pavement,  building,  sewer  or  performance  of  any  public  work  what- 
soever, or  contract  or  agreement,  requiring  the  expenditure,  receipt 
or  disposition  of  mouey  or  property,  by  the  corporation,  or  any  officer 
or  board  thereof,  or  creating  any  debt  or  liability,  shall  be  let,  or  en- 
tered into,  either  directly  or  indirectly,  with  any  member  of  the  com- 
mon council,  or  other  officer  of  the  corporation,  either  as  principal  or 
surety,  and  any  such  contract  or  agreement  thus  let  or  entered  into 
shall  be  absolutely  void. 

Passing  oidin-         (§  202.)     Sec  20.     No  ordinance,  resolution  or  proceeding  of  the 

ances,  etc., 

requiring  common  council  imposing  taxes  or  assessments,  or  requiring  the  pay- 

d  x  p  t  n  tl  1 1  u  re  s . 

ment,  expenditure  or  disposition  of  money  or  property,  or  creating 
any  debt  or  liability  therefor,  and  no  other  ordinance  shall  be  passed 
at  the  same  meeting  at  which  it  was  introduced,  unless  by  unanimous 
consent,  or  at  a  special  meeting  called  therefor,  and  every  such  ordi- 


CHARTER   OF   THE   CITY   OF   DETROIT.  1 17 

TAXATION  AXD  FINANCE.  CHAPTER    11 


nance,  resolution  or  proceeding  shall  be  passed  by  yeas  and  nays,  to 
be  entered  on  the  record.  (As  amended  by  Act  approved  June  2, 
1887.) 

(§  203.)     Sec.  21.     The  fiscal  year  of  the  city  of  Detroit  shall  F'scai  year, 
commence  on  the  first  day  of  July,   and  expire  on  the   thirtieth    day 
of  June,  and  shall  not  be  subject  to  change  by  the  common  council  of 
said  city.     During  the  month  of  July  in  each  year,  the  controller  shall 
submit  to  the  board  of  aldermen  a  full,  complete,  and  detailed  state-  rej^rt°injuly 

full  statement. 

ment,  with  tabular  lists,  of  all  moneys  received  and  expended  by  the 
corporation  for  the  preceding  fiscal  year,  showing  on  what  account 
they  were  received  and  expended,  to  what  funds  they  were  credited, 
and  out  of  what  funds  they  were  paid,  and  classifying  each  receipt 
and  expenditure  under  its  appropriate  head.  In  such  statement  he 
shall  also  give,  by  tabular  lists  and  otherwise,  such  general  informa- 
tion as  may  be  necessary  for  an  understanding  of  the  pecuniary  re- 
sources and  liability  of  said  city,  and  of  the  condition  of  each  fund, 
and  may  make  such  recommendations  concerning  the  same  as  the  in- 
terests of  said  city  may  require.  The  board  of  aldermen  may  cause 
said  statement  to  be  published  in  the  daily  newspaper,  published  by 
the  printer  for  said  city,  and  in  such  other  paper  or  papers  as  the 
board  of  aldermen  may  direct. 


(§  204.)     Sec.  22.     The  common  council  and  the  controller,  or „         , 

'  Council  or  Con- 

either,  may,  at  any  time,  require  from  the  various  officers  and  boards  quirt* st-iu- 

ments  and  ac- 

of  tbe  corporation,  and  it  shall  be  their  duty  to  furnish,  when  re- counts  from 

officers,  etc. 

quired,  and  in  such  form  as  shall  be  required,  full  and  particular  esti- 
mates, in  detail,  of  the  expenses  of  their  offices  or  departments  for 
the  current  or  next  ensuing  fiscal  year,  and  also  full  and  particular 
accounts,  in  detail,  of  their  expenses  for  any  past  year,  or  lor  any  part 
thereof. 


i  iS  CH  \K  n  R    OV    THE   CITV    OF    DETROIT. 

CHAPTER    II.  TAXATION    VND  FINANCE. 


Poweri d  (S  3050    Sec.  23.     The  common  council  shall  have  power  to  con- 

tract with  bank 

MuVv ' """  tl;ut  xv'"'  any  sa,(1  bank  or  banks,  lor  the  safekeeping  of  public 

moneys,  ami  for  the  receipt  of  interest,   at  a   rate  not  exceeding  that 

established  by  law,  upon  such   moneys  of  the  corporation  deposited 

with  such  bank  or  banks,  and   to  be   drawn   on   account  current  from 

Interest  thereon  such  bank  or  banks,  by  the   corporation   or  proper  officer  thereof,  and 

i..  goto  Sinking 

Fund.  such  interest  shall  belong  and  be  credited  to  the  sinking  fund. 

,'•;,,"  I;;  (§  206.)     Sec.  24.      The  mayor,  controller  and  chairman  of  the 

committee  on  ways  and  means  of  the  common  council  shall  constitute 
a  committee  for  the  negotiation  of  all  loans  authorized  by  this  act, 
except  as  to  any  loans  to  be  made  by  the  controller  under  the  author- 
ity of  the  common  council,  as  above  provided;  and  a  majority  of  said 
committee  shall  have  power  to  make  such  negotiation,  subject  to  the 
approval  of  the  common  council.  (As  amended  by  Act  approved 
June  2,  1887.) 


Taxes,  to  what 
fund  credited. 


(§  207.)  Sec.  25.  All  taxes  and  moneys  raised,  received  or  ap- 
propriated for  the  purpose  of  any  particular  fund,  shall  be  paid  in 
and  credited  to  such  particular  fund;  and  all  taxes  and  moneys  not 
raised,  received  or  appropriated  for  the  purpose  of  any  particular 
fund,  shall  be  paid  into  and  credited  to  the  general  fund,  or  such 
other  fund  as  the  common  councii  shall  direct. 

applied.'  (§  208.)     Sec.  26.     The  moneys  belonging  to  the  several  funds  of 

the  corporation,  and  all  taxes  and  moneys  raised,  received  or  appro- 
priated for  the  purposes  thereof,  shall  be  applied  to  the  purposes  for 
which  said  funds  are  respectively  constituted  as  above,  and  for  which 
said  taxes  and  moneys  are  raised,  received  or  appropriated:  Provided, 
however,  That  if  for  any  cause  there  shall  be,  at  the  end  of  any  fiscal 
year,  a  surplus  in  any  other  than  the  public  building  fund,  the  dis- 
trict road  fund  for  each  ward,  and  the  sinking  fund,  over  and  above 
the  actual  or  estimated  cost  of  any  work  for  which  the  money  of  any 


Proviso. 


CHARTER   OF   THE   CITY   OF   DETROIT.  II9 


TAXATION-  AND   FINANCE.  CHAPTER  11 


fund  was  specially   raised,    such   surplus   shall   be   transferred  ;md  f",^'11^  be 
credited,  by  the  treasurer,  to  said  sinking  fund,   at  the  end  of  such  sinking  fund, 

when. 

fiscal  year,  whenever  there  shall  not  be  sufficient  moneys  therein  to 
pay  the  outstanding  funded  debt  of  said  city. 

(§  209.)     Sec.  27.     Moneys  shall  not  be  transferred  from  one  fund  Moneys  not  to 

be  transferred 

to  another,  and  the  moneys  received  and  properly  belonging  to  one  from  one  fund 

to  another. 

fund  shall  not  be  credited  to  any  other,  or  different  fund,  except  to 
the  sinking  fund  as  above  provided:      Provided,     That  such  moneys 

Monev  from 

derived  from  liquor  taxes  as  may  be  in  the  contingent  fund  at  the  end  liquor  taxes, 

how  applied. 

of  any  fiscal  year,  after  July  1,  1884,  may  be  placed  to  the  credit -of 

such  fund  as  the  common  council  may  direct,  but  the  controller  shall 

have  the   power  to  divide  the  several  funds  above  constituted  into 

special   funds,    to    defray  special    expenses,    belonging  to  the  same  Funds  tobe 

class  of  expenses,  for  the  payment  of  which  said  several  funds  are 

above  constituted. 

CS  210  1     Sec.  28      The  mavor,  controller,  treasurer  and  commit-  „      .    , 

Vo   ^iv/)/      ku«,  j       ,  Board  of 

„  . ,  ■■     .,  commissioners 

tee  on  ways  and  means  of  the  common  council  and  their  successors  of  inking  fund. 
in  office,  by  virtue  of  their  offices,  shall  be  a  board  of  commissioners 
of  the  Detroit  city  sinking  fund.  They  shall  from  time  to  time,  upon  Powers  and 
the  best  terms  they  can  make,  purchase  or  pay  the  outstanding  debt 
of  said  city,  or  such  part  thereof  as  they  may  be  able  to  purchase  or 
pay,  until  the  same  be  fully  purchased  or  paid;  and  all  bonds  and  evi- 
dences of  debts  thus  purchased  or  paid  shall  be  delivered  to  the  treas- 
urer, and  shall  become  and  be  the  property  of  the  commissioners  of 
the  sinking  fund,  and  the  interest  thereon  shall  be  credited  and  be- 
long to  the  sinking  fund.     The  city  treasurer  shall   endorse  upon  the  Endorsement 

upon  bonds 

back  of  all  bonds  so  purchased  by  the   commissioners   of  the  Detroit  purchased  by 

board,  etc. 

sinking  fund,  for  the  benefit  of  that  fund,  the  following,  viz.:  "  Reg- 
istered bonds,  not  transferable  without  the  written  consent  of  the 
mayor,  controller  and  city  treasurer  endorsed  thereon;"  and  when- 
ever thev  cannot  arrange  for  the  purchasing  or  paying  the  said  debt, 


CHARTEK    OF    THE    CITY   OF    DETROIT. 


Chapter  11.  i  \\uin\  wd  finance. 


Report  of. 


Meetings  of 
Board,  etc. 


or  any  pari  thereof,  fchej  shall  temporarily  and  until  they  can  so  ar- 
range,  invest  the  moneys  belonging  to  said  sinking  fund  in  such  se- 
curities, bearing  interest,  as  they  deem  safe  and  advisable.  Said 
commissioners  shall,  from  time  to  time,  and  whenever  requested  by 
the  common  council,  make  report  of  their  doings,  which  report  shall 
be  made  to  the  common  council,  referred  to  and  filed  with  the  con- 
troller, and  recorded  by  him  in  some  proper  book  to  be  provided  for 
that  purpose.     (As  amended  by  Act  approved  June  2,  1887.) 

(§  211.)  Sec.  29,  Said  board  of  commissioners  of  the  sinking 
fund  shall  be  a  board  of  the  corporation,  within  the  meaning  of  this 
act,  and  shall  be  subject  to  the  provisions  of  any  existing  or  future 
ordinances  of  said  city,  relative  to  the  sinking  fund.  They  shall 
meet,  from  time  to  time,  for  the  transaction  of  business,  and  may 
adopt  rules  of  proceeding  at  their  meetings.  A  majority  of  the 
whole  board  shall  be  a  quorum  for  the  transaction  of  business,  but 
they  shall  not  purchase  in,  or  pay  the  outstanding  funded  debt  of  said 
city,  or  invest  any  of  the  moneys  belonging  to  the  sinking  fund,  as 
above  provided,  except  under  a  resolution  for  such  purpose,  passed 
and  approved  by  a  vote  of  a  majority  of  the  whole  board,  and  by  yeas 
and  nays,  to  be  entered  of  record.     The  mayor,  or  in   case  of  his   ab- 

Who  to  preside. 

sence,  some  member,  to  be  appointed  by  those  present,  shall  preside 
at  their  meetings.     They  shall  appoint  one   of  their  members  Secre- 

Secretary, 

his  duty."  tary  of  the  board,  whose  duty  it  shall  be  to  keep  a  true  record   of  its 

doings. 


(§  212.)     Sec.  80.     The   treasurer  shall   have  the  custody  of  all 
Treasurer  to 

istody      moneys,  securities  and  evidences  of  value  belonging  or   pertaining  to 

of  all  moneys, 

clc-  the  sinking  fund,  and  shall  pay  out  the  moneys  of  said  fund  only   by 

order  of  the  commissioners,  or  a  majority  thereof,  and  upon   the  war- 
rant of  the  controller. 


CHARTER    OK   THE    CITY   OF   DETROIT. 


TAXATION  AND  FINANCE.  CHAPTER  11 


(§  213.)    Sec.  31.     The  faith  and  property  of  the  city  of   Detroit  p]e^for 
shall  remain  pledged  for  the  final  payment  of  all   bonds  issued,   and  borrowed. 
of  all  moneys  borrowed  by  authority  of,  and  in   accordance  with  this 
or  any  other  act  of  the  legislature  of  this  State. 


(§214.)     Sec  32.     If  any  officer  of  the  corporation  shall, directly  offi 


rers  con- 


verting inonev, 

or  indirectly,  aopropriate  or  convert  any  of  the  moneys,  securities,  or  etc.,  to  be 

guilty  of  mal- 

evidences  of  value,  or  any  property  whatsoever,  belonging  to  the  cor-  *^ance  in 
poration,  or  any  board  thereof,  to  his  own  use,  or  shall  directly  or  in- 
directly, and  knowingly,  appropriate  or  convert  the  same  to  any  other 
purpose  than  that  for  which  such  moneys,  securities,  evidences  of 
value,  or  property  may  have  been  appropriated,  raised  or  received,  or 
to  any  purpose  not  authorized  by  law,  he  shall  be  deemed  guilty  of 
willful  and  corrupt  malfeasance  in   office,  and   may   be   prosecuted, 

.     n  ,  .         ,  „  -,  ...  i_  •   i_     i    i       Punishment. 

tried  and  convicted  therefor,  and  on  conviction,  may  be  punished  by 
a  fine  not  exceeding  one  thousand  dollars,  and  imprisonment  in  the 
State  Prison,  or  Detroit  House  of  Correction,  not  exceeding  three 
years,  or  either,  in  the  discretion  of  the  court. 

(§  215.)     Sec   33.     Whenever  the   common  council   shall  order 

Duty  of  counci  1. 

any  street,  or  any  portion  thereof,  to  be  graded,  or  graded  and  paved,  f^^vf^etc 
or  repaved,  it  may  enter  into  contract  for  the  making  of  such  im- 
provement according  to  the  provisions  of  this  charter,  and  after  the 
cost  and  expense  thereof  has  been  ascertained,  it  shall  cause  the  same, 
except  the  cost  of  repaying,  the  cost  of  crosswalks  and  of  the  work  at 
the  intersections  of  cross  streets,  to  be  assessed  upon  the  lots  and  real 
estate  herein  made  subject  to  such   assessment  as  hereafter  provid- 

.  ,  .  ,  Paving  con- 

ed.    In  case  of  every  contract  for  paving,  the  work   to    be  performed  tracts  to  be 

completed, 

thereunder  shall  be  commenced  and  completed  between  the   first  day  when. 

of  May  and  the  first  day  of  November  in  each  year  ;  Provided,  Thatproviso 

when  such  paving  shall  not  be  completed  at  such  time   by  reason  of 

inclement  weather,  or  other  good  cause,  and  from  no  fault  of  the  con- 
tractor, the  common  council  may  extend  the  time  for  its  completion. 
(As  amended  by  Act  approved  June  24,  1887.) 


CHARTER    OF   THE   CITY   OF    DETROIT. 


CHAP1  BR  11.  L-AXATION  AND  FIN  V.NCE. 


Assessment  (§  216.)     Sec.  34.     For  the  purpose  of  such  assessment,  the  lots 

districts, 

and  parcels  of  real  estate  situated  on  said  street,  and  fronting  the  por- 
tion thereof  ordered  to  be  improved,  shall  constitute  one  local  assess- 
ment district,  unless  the  common  council,  with  a  view  to  make  the 
assessment  more  equal  and  just,  shall  subdivide  the  same  into  two  or 
more  assessment  districts.  Such  subdivision,  if  made,  must  be  done 
before  asking  bids  for  the  work  ;  and  in  no  case  shall  a  city  block  be 
divided  in  making  such  division.     The   work   for   such   local   assess- 

Jetting8  '  '  mi  ment  district  shall  be  bid  for  and  let  separately,  and  such  bidding  and 
contracts. 

Letting  shall  show  : 

First,  The  cost  of  all  paving  and  grading,  except  that  of  the  in- 
tersection of  the  cross-streets  and  alleys,  the  cost  of  the  cross-walks 
at  such  intersections,  and  the  cost  of  repaving; 

Second,  The  cost  of  the  grading  and  paving  of  each  portion  of  the 
street  included  within  the  lines  of  intersection  of  any  cross-street  and 

alleys; 


Proviso 


Third,  The'cost  of  the  crosswalks  at  such  intersections:  Provided, 
That  in  case  where  a  side  street  merely  opens  upon  and  does  not  ex- 
tend across  the  street  to  be  paved,  the  space  formed  by  extending  the 
lines  of  the  former  street  to  the  middle  of  the  latter  street  shall,  for 
the  purposes  of  this  act,  be  treated  as  the  spaces  formed  by  the  inter- 
Platforms  and    section  of  cross  streets.     All  necessary  platforms  and   curbings   shall, 

'  curbing  to  be, 

included.  for  the  purpose  of  such  assessment,  be  deemed  to  be  included   within 

the  term  paving.     (As  amended  by  Act  approved  June  24,  1887.) 

(§  217.)     Sec.  85.     The  cost  and  expense  of  such   improvement) 

Assessments      except  so  much  thereof  as  shall  be  for  the  work  within   the   lines   of 

to  be  made 

ratably  accord-    intersection  of  cross  streets  and  alleys,  and  for  the  crosswalks  at  such 

ing  to  frontage. 

intersections,  and  for  repaving  streets,   avenues   and   highways,   shall 
be  assessed  ratably,  according  to  their  extent  of  front  on  the  lots,  parts 


CHARTER   OF   THE   CITY   OF   DETROIT.  I23 

TAXATION  AND  FINANCE.  CHAPTER  11 


of  lots,  or  parcels  of  real  estate  directly  fronting  on  and  within  the 
local  assessment  district;  Provided,  That  if  the  assessment  made  on 
am-  such  lot,  or  other  parcel  of  land  shall,  by  reason  of  its   triangular  Lots  irregular 

in  form,  how 

or  other  irregular  shape,  seem  to  the  Common  Council  to  be   inequit-  Paid- 

able,  said  council  may  direct  a  just  portion  of  such  assessment  to  be 

paid  from  the  general  road  fund.     The  cost  of   the   work   within   the  Costs  of 

intersections 

lines  of  the  intersection  of  cross  streets,  and  also  the  cost  of  the  cross-  E.aid  out  of 

oeneral 

walks,  shall  be  paid  out  of  the  general  road  fund.  The  cost  of  all 
rapaving  of  streets,  avenues  and  highways  of  the  city  shall  be  paid 
out  of  the  repaving  fund.  The  word  "front,"  as  used  in  this  act, 
shall  be  construed  to  mean  that  part  of  the  lot  or  other  parcel  of  land 
which  directly  abuts  on  that  part  of  the  street  to  be  improved.  (As 
amended  by  Act  approved  June  24.  1887.) 

(§  218.)     Sec.  36.     Whenever  in  the  improvement   of  a   street  as 

Assessment  of 

aforesaid,  any  land  or  real  estate  which  has  not  been  duly  platted  into  land  not  platted 
city  blocks,  or  lots,  shall  be  required  to  be  assessed  to  pay  any  part  of 
the  cost  of  such  improvement,  the  council  shall  designate  such  part  or 
parts  thereof  for  such  assessments  as  shall  correspond  as  near  as 
practicable  to  the  portions  of  the  block  or  blocks  nearest  adjacent 
thereto,  subject  to  like  assessment,  and  the  part  or  parts  so  designat- 
ed shall  be  assessed  as  near  as  may  be,  in  the  manner  herein  provid- 
ed for  the  assessment  of  lots. 

(§  219.)    Sec.  37.     The  Board  oi  Assessors  shall,  when  necessary, 

Assessors  to 

proceed  to  make  out  a  list  of  all  the  lots  or  parcels  of  real  estate,  con-  make  list  of 

land  to  be 

Btituting  a  local  assessment  district  as  aforesaid,  with  the  name  of  the  assessed  and 

name  of  owner. 

owner  or  occupant  of  each  lot  or  parcel  of  real  estate,  so  far  as  said 
board  can  ascertain  the  same,  and  also  the  length  of  front  of  each  lot 
or  parcel  of  real  estate  fronting  directly  on  such  improvement.  Such 
board  shall  then  assess  the  cost  and  expenses  of  the  work,  chargeable 
as  aforesaid  upon  the  property  in  said  list,  ratably  upon  the  several 
Jots  and  parcels  of  real  estate,  according  to  the   length  of  front  there- 


124 


CHARTER    OF    THE    CITY   <>!•'    DKTROIT. 


CH  \r  i  i  K  11. 


iwaii.'N    VND  FINANCE. 


Notice  oi 
completion 
of  rolls. 


of.     When  the  assessment   roll  is   thus   completed,   said   board   shall 

give  notice,  by  at  least  rive  publications  in   the  city   paper,  that  such 

roll  is  completed,  and  will  remain  in  their  office  for  twelve  days  from 

the  first  publication  of  said  notice,  lor  the  inspection  of  all  concerned. 

At  the  expiration  of  said  twelve  days,  said  board  shall,  after  anyneed- 

ful  revision  and  correction  of  such  roll,  sign  the  same  and  report  it  to 

the  common  council.      Said  council  may  theu   confirm   the  same,  or 
■  t  of 
rolls  to  council.  U1.1V<  when  it  shall  deem  necessary,  refer  the  same  back  to  said  board 

for  further  revision  or  corrections.  And  when  the  same  shall  be  cor- 
rected to  the  satisfaction  of  said  council,  it  shall,  by  resolution,  con- 
firm the  same.  After  such  confirmation,  such  assessment  shall  con- 
stitute a  lien,  until  paid,  upon  said  lots  or  parcels  of  real  estate,  and 
shall  be  collected  in  such  manner  as  may  be  authorized  by  law. 


Assessment 
a  lien. 


Determining 
cost  of  paving 
intersections. 


To  be  paid  out 
of  Genera] 

Road  Fund. 


Paving-  alleys. 


(§  220.)  Sec.  38.  When  unperformed  contracts  for  grading  and 
paving,  hitherto  made,  are  still  in  force,  it  shall  be  lawful  for  the 
common  council,  with  the  consent  of  the  contractors,  to  ascertain  and 
apportion  the  proper  cost  under  the  contract  of  grading  and  paving 
the  spaces  at  intersecting  cross  streets  aud  alleys,  and  also  the  cost  of 
crosswalks,  and  to  pay  for  the  same  out  of  the  general  road  fund,  and 
to  cause  the  residue  of  the  cost  of  the  work  to  be  assessed  on  the  ad- 
jacent property,  and  collected  in  the  manner  heretofore  provided  in 
this  act. 

(§  221.)  Sec.  39.  The  common  council  may  make  such  ordi- 
nances for  the  paving  of  or  otherwise  improving  alleys  in  said  city, 
and  assessing  property  adjoining  the  same  for  paving  for  such  im- 
provement, as  by  said  common  council  shall  be  deemed  expedient,  and 
the  present  ordinances  on  that  subject  are  hereby  validated  and  con- 
tinued in  force,  with  the  same  effect  as  if  passed  under  this  section, 
till  the  same  shall  be  repealed  or  altered  by  the  said  common  council. 


CHARTER   OF   THE   CITY   OF   DETROIT.  I25 

TAXATION  AND  FINANCE.  CHAPTER  11 


(§  222.)  Sec.  40.  The  common  council  shall  have  power  to  an-  Entertainment 
nually  levy,  assess  and  collect  on  the  assessed  value  of  all  the  real 
and  personal  estate  in  said  city,  made  taxable  by  the  laws  of  this 
State,  a  sum  not  exceeding  two  thousand  dollars,  for  the  purpose  of 
defraying  the  costs  and  expenses  of  receptions,  entertainments  and 
celebrations,  to  be  expended  from  time  to  time  therefor  in  such  man- 
ner as  the  common  council  shall,  by  resolution,  direct. 


(§  223.)    Sec  41.    This  act  shall  not  invalidate  any  legal  act  done  This  act  not  to 

affect  other 

by  the  common  council,  or  any  board  or  officer  of  said  ciU ,  or  change  Boards,  Com- 
missions, etc. 
or  affect  the  present  term  of   any  officer  or   board  or  commission   of 

said  city,  and  all  ordinances,  resolutions  and  proceedings  of  the  com" 
mon  council  or  any  board  of  said  city  now  in  force  and  not  inconsist- 
ent with  this  act,  shall  remain  in  full  force  until  altered,  amended  or 
repealed  under  this  act,  nor  shall  this  act  invalidate  any  act  or  law 
governing  the  several  boards  and  commissions  of  said  city  or  any  law 
not  in  conflict  herewith. 


(§  224.)    Sec  42.     The  common  council  in  addition  to  the  powers  paving  bonds 

may  be  issued. 

hereinbefore  granted,  shall  have  power,  and  it  shall  be  their  duty,  to 
issue  bonds  upon  the  faith  and  credit  of  the  city  for  the  entire  cost  of 
paving  any  street  in  said  city,  as  estimated  and  assessed  whenever 
the  common  council  shall  have  ordered  the  paving  of  said  street  and 
tbe  assessments  for  the  cost  thereof  shall  have  been  duly  made  ac- 
cording to  law,  and  the  faith  and  credit  of  the  city  shall  be  pledged 
for  the  payment  of  the  principal  and  interest  of  said  bonds.      Said  Bonds  or  pro- 

r    J  r  x  ceeds   delivered 

bonds,  or  the  proceeds  thereof,  should  they  be  purchased  by  the  sink-  ^^p^tiln 

.      .     of  pavement. 

ing  fund  commissioners,  shall  lie  delivered  to  the  contractor  within 
tlii rt \  days  after  his  completion  of  the  pavement  of  said  street  accord- 
ing to  specifications  ami  its  acceptance  by  the  board  of  public  works 
and  the  common  council.   (As  amended  by  Act  approve;!  May  4,  1893.) 


[26  CHARTER    01    THE   CITY   OF    DETROIT. 


Chapter  11.  rAXATiON  and  financj 


(§284.)      Sec.  43.      Said   bonds  shall   be  denominated  "Street 

Paving  Bonds,"  and   shall   bear  the   name  of  the  street  for  paving 

which  they  are  issued.      One  quarter  thereof  shall  lie  payable  in  one 

year,  one  quarter  in  two  years,  one  quarter  in  three  years,  one  quarter 
how 
payable.  \n  rour  yearSi  from  the  date  of  their  issue.      They  shall  bear  interest 

Interest,  four      at  a  rate  not  exceeding   four  per  cent    per  annum,  payable  annually, 
per  cent. 

and  shall  be  for  sums  of  not  less  than  one  hundred  dollars  each.    The 

bonds  made  payable  in  one  year  shall  have  attached  thereto  one  in- 
terest coupon,  those  made  payable  in  two  years  shall  have  attached 
thereto  two  interest  coupons,  those  made  payable  in  three  years  shall 
have  attached  thereto  three  interest  coupons,  and  those  made  payable 
in  four  years  shall  have  attached  thereto  four  interest  coupons.  They 
shall  be  regularly  dated  and  numbered  in  the  order  of  their  issue,  and 
shall  be  issued  under  the  seal  of  the  corporation,  signed  by  the  mayor 
and  countersigned  by  the  controller.  The  controller  shall  keep  an 
accurate  record  of  such  bonds,  the  number,  date  and  amount  of  each, 

Record  of 

bonds.  an(j  tne  person  or  persons  to  whom  payable.      (As  amended  by  Act 

approved  May  4,  1893.) 

Assessment  (S  226.)     Sec.  44.      The  assessment  roll   provided  for  in  section 

rolls  for  paving 

four6  "u"1^  m  thirty-seven  of  this  chapter  shall  be  made  by  the  board  of  assessors 
in  four  parts,  each  part  to  contain  a  list  of  the  lots  or  parcels  men- 
tioned in  said  section,  with  the  names  of  the  owners  or  occupants  of 
each  lot  or  parcel,  and  one-quarter  of  the  cost  and  expense  of  the 
work  shall  be  assessed  upon  each  lot  or  parcel.  Such  parts  of  the  as- 
sessment roll  shall  be  numbered  one,  two,  three  and  four,  respectively. 

Persons  assess-  ^ny  Pei'son  so   electing  may  have  all  assessments  for  street  pave- 

ed  may  elect  .  „ 

topayenthe       ments  made   against  the  property  assessed,  payable  on  nrst  assess- 
assessment. 

ment;  Provided,  That  in   the   event  of  the  portion  of  said  paving  tax 

designated  as  part  one  not  being  paid  on  or  before  the  time  the  same 

shall  become  due,  that  there  be  added  to  such  part  one  a  penalty  of 


CHARTER   OF    THE   CITY   OF   DETROIT.  127 


TAXATION  AND   FINANCES.  CHAPTER    11 


five  per  cent  of  the  amount  of  such   part  or  portion,  and  that  in  the 
event  of  either  of  parts  two,  three  or  four  not  being  paid  on  or  before 

Penalty  for 

the  time  when  they  shall  respectively  fall  due,  there  be  added  to  each  non-payment. 
such  parts  or  portions  so  remaining  unpaid  a  like  penalty  of  five  per 
cent  of  the  amount   of   such   parts   or   portions  so  remaining  unpaid. 
As  amended  by  Act  approved  May  4,   1893.) 

(§227.)  Sec.  45.  The  common  council  shall  by  ordinance  pro-  streetPavi 
vide  that  a  sinking  fund  shall  be  created  for  the  payment  of  the  bonds 
issued  for  street  paving,  as  hereinbefore  provided,  into  which  sinking 
fund  shall  be  paid,  from  time  to  time  as  collected,  the  proceeds  of  the 
assessments  for  street  paving,  in  such  manner  that  said  bonds  shall  be 
paid  at  maturity  out  of  the  proceeds  of  such  assessments.  (As 
(Amended  by  Act  approved  June  2,  1837.) 


CHAPTER     XII, 


RECORDERS   COURT. 

(§  228.)    Section  1.     The  office  of  recorder  and  the  ^recorder's 

Recorder's 

court  of  the  city  of  Detroit  shall  continue  as  heretofore  created  and  Court  continued 
established,  except  as  herein  otherwise  provided.     The  present  re- 
corder and  associate  judge  of  said  court  shall  respectively  continue  in  Recorder  and 

Associate  to 

office  until  January  ninth,   eighteen   hundred  and  ninety-four.     (As  Tanuar%uni894 
amended  by  Act  approved  May  27, 1893.) 

(§  229.)     Sec.  2.     On  and  after  January  ninth,  eighteen  hundred  Two  Judges  of 

Recorder's 

and  ninety-four,  there  shall  be  two  judges  of  said  court,  one  of  whom  Court- 
shall  be  the  recorder  elected  at  the  election  held  April  third,  eighteen 
hundred  and  ninety-three,  who  shall  have  equal  and  co-ordinate 
powers  and  duties.  One  of  said  judges  shall  constitute  a  quorum  for  Powers- 
the  transaction  of  business.  They  shall  have  the  power  and  it  shall 
be  their  duty  to  apportion  between  themselves  the  business  of  the 
court;  Provided,  however,  That  all  business  pending  in  said  court  on 
the  ninth  day  of  January,  eighteen  hundred  and  ninety-four,  shall  be 
apportioned  by  said  judges  so  that  said  business  shall,  as  near  as  may  „    . 

vx  J  J       &  '  J  Business  to  be 

be,  be  equally  divided  between  them.  The  said  assignment  and  ap- app0rtl0ne  ' 
portionment  of  causes  and  business  shall  not  afterwards  be-  changed 
except  by  the  order  of  said  judges  upon  motion  made,  or  for  good 
cause  shown;  Provided,  further,  That  said  judges  may  sit  in  place  of 
each  other  whenever  it  may  be  deemed  best.  Whenever  any  cause 
matter,  or  proceeding,  or  any  motion,  application  or  other  business 
shall  be  assigned  to  either  of  said  judges,  a  journal   entry  thereof 


CHARTER   OF  THE   CITY    OF    DETROIT. 


Chapter  12.  recorder's  court. 


shall  be  made  by  the  clerk  of  the  court,  and  the  said  judge  shall  pro" 
ceed  to  hear,  try  and  dispose  of  the  business  so  assigned  to  him,  with 
the  same  force  and  effect  as  if  he  were  the  only  judge  of  said  courl, 
and  subject  to  and  with  the  power  and  authority  conferred  by  all  the 
rules  of  practice  and  of  law  applicable  to  said  court.  And  thereupon 
said  judge  may  proceed  with  the  trial  or  hearing,  or  other  business 
so  assigned  to  him,  in  the  principal  court  room,  or  in  a  separate  room, 
attended  by  the  clerk  or  one  of  his  deputies,  and  by  one  or  more 
members  of  the  metropolitan  police  of  said  city,  by  a  stenographer, 
and  bjl  jurymen  not  engaged  in  the  trial  of  other  causes,  if  it  be  a 
cause  to  be  tried  by  jury,  and  such  judge  while  so  sitting  for  the 
transaction  of  business,  shall  have  the  same  powers  and  authority  as 
if  he  were  the  only  judge  of  said  court,  and  the  proceedings  shall  be 
regarded  as  proceedings  of  said  court  had  in  open  court  and  at  a  ses- 
sion thereof.     No  stay  of  proceedings  shall  be  directed  or  ordered  by 

Stav  of  pro- 
ceedings only  either  of  said  judges  in  any  cause  or  proceeding,  except  when  the  or- 
der or  decree  under  which  the  proceedings  are  sought  to  be  stayed 
shall  have  been  made  by  such  judge,  unless  the  order  staying  pro- 
ceedings be  entered  in  open  court  when  both  judges  are  present;  and 
no  order,  except  orders  made  iu  chambers,  and  then  only  by  the  judge 
making  the  same,  shall  be  set  aside  or  vacated  except  in  open  court; 
and  no  judge  of  said  court  shall  review  or  revise  any  order,  judg- 
ment, senteuce  or  act  of  any  other  judge  of  said  court,  involving  the 
personal  discretion,  judgment  or  opinion  of  such  other  judge.  (As 
amended  by  Act  approved  May  27,  1893.) 

Record  of  /e  o'SO  \     Sec.  3.     A  record  of  the  proceedings  before  each  of  the 

proceedings.  WJ  / 

judges  shall  be  entered  in  the  jourual  in  the  usual  manner,  the  same 
as  though  the  judges  were  sitting  together,  a  brief  memorandum  be- 
ing entered  before  or  opposite  each  entry  of  ihe  particular  judge  be- 
fore whom  the  business  is  transacted,  and  the  said  record  shall  be 
verified  by  the  signature   of  the  recorder,  or  in  his  absence  by  the 


\ 


CHARTER    OF    THE   CITY   OK    DETROIT.  131 


recorder's  court.  Chapter  TJ 


judge  present  at  the  reading  and  correction  thereof;  and  it  shall  be 
the  duty  of  both  judges  to  attend  at  the  reading  and  correction  of 
said  record.     Whenever  the  signature  of  a  judge  of  the  court  shall  be 

Signing  of 

required  to  any  bill  of  exceptions,  case  made,  order,  decree,  or  other  bilis  of  excep- 
tions, orders,etc 

evidence  of  proceeding,  or  for  the  approval  or  verification  of  any  act, 
the  signature  of  the  judge  or  judges  before  whom  the  proceedings 
were  had  shall  be  deemed  sufficient.  (As  amended  by  Act  appioved 
May  27,  1893.) 

(§  331.)      Sec.  4.     The   recorder   elected   on   April   third,    A.D., 

Recorder 

•eighteen  hundred  and  ninety-three,  shall  be  one  of  the  iudsres  of  the  elected  April 

J  J       °  3,  1893. 

recorder's  court  of  the  city  of  Detroit,  and  shall  hold  said  office  of 
recorder  for  the  term  of  six  years  from  and  after  January  ninth, 
eighteen  hundred  and  ninety-four,  and  until  his  successor  shall  be 
duly  elected  and  qualified.     The  additional  judge  provided  for  by  this  Additionr.i 

Judge  elected 

act  shall  be  elected  at  the  election  which  shall  be  held  in  said  city,  on  Nov.  7,  1893. 
the  seventh  day  of  November,  A.  D.,  eighteen  hundred  and  ninety- 
three,  and  the  person  so  elected  shall  take  his  office  on  the  ninth  day 
•of  January,  eighteen  hundred  and  ninety-four,  and  shall  hold  the 
same  for  the  term  of  six  years  from  and  after  January  ninth,  eighteen 
hundred  and  ninety-four,  and  until  his  successor  shall  be  duly  elected 
and  qualified.  Notice  of  the  election  of  the  recorder  and  additional 
judge  shall  be  given  by  the  clerk  of  said  city  in  the  manner  pre- 
scribed by  law  in  the  case  of  the  election  of  city  officers,  and  the  pro- 
visions of  law  relative  to  holding  elections  of  city  officers  in  said  city, 
canvassing  the  votes  and  making  the  returns  thereof,  so  far  as  appli- 

Circuit  and 
cable,  shall  apply  to  such  election.     One  of  the  judges  of  the   circuit  Supreme  Court 

Judges  may    act 

court  for  the  county  of  Wayne,  and  one  of  the  justices  of  the  supreme  as  Jud?e- 
court  of  this  State,  may  act  as  judge  of  said  recorder's  court  when  re- 
quested to  do  so  by  said  judges,  or  one  of  them,  or  when  the   offices 
of  both  judges  shall  be  vacant.     On  the  first   Monday    in    April    next 
preceding  the  expiration  of  the  terms  of  office   of  said  recorder   and 


Notice  of 
election. 


CHARTER    OK   THE    CITY    OF    DETROIT. 


Ch  \itek   19, 


RECORD!  it's   iih  R  I. 


Vacancy, 

how  filled. 


Successors  of     judge,  their  successors  shall  be  elected  in    the  same  manner  as   that 
Recorder  and 

Judges,  elected.  }ierejn  prescribed  for  the  election  of  said  judges.      (As  amended  by- 
Act  approved  May  27,  1893.) 


(§  232.)  Sec.  5.  It  shall  be  the  duty  of  the  common  council  of 
the  city  of  Detroit,  to  cause  an  election  to  be  held  to  fill  any  vacancy 
in  the  •ffice  of  recorder  or  judge  of  said  court,  in  the  same  manner  as 
is  provided  for  filling  a  vacancy  in  the  office  of  mayor  of  said  city,  and 
whenever  the  recorder  or  judge  shall  tender  his  resignation  to  the 
common  council,  to  take  effect  at  some  future  day  and  the  same  shall 
have  been  accepted,  said  common  council  may  cause  an  election  to 
fill  the  expected  vacancy,  which  may  be  held  between  the  time  of  said 
acceptance  of  resignation  and  the  day  when  it  is  to  take  effect;  Pro- 
vided, That  not  less  than  ten  days  notice  of  such  election  shall  be 
given;  or  such  expected  vacancy  may  be  filled  at  any  regular  election 
occurring  within  thirty  days  after  such  acceptance  of  resignation,  if 
said  common  council  so  order;  and  such  recorder  or  judge  elect  shall 
assume  the  duties  of  the  office  at  the  time  said  resignation  takes  ef- 
sect,  or  as  soon  thereafter  as  he  is  elected  and  qualifies.  (As  amend- 
ed by  Act  approved  May  27th,  1893.) 


Notice  of 
election  to  fill 
vacancy. 


Salaries. 


Clerk  and 
Deputies. 


(§  233.)  Sec.  6.  Each  of  said  judges  shall  receive  from  the 
treasury  of  the  State  of  Michigan  the  same  annual  salary  as  may  be 
payable  to  circuit  judges.  They  shall  also  each  receive  from  the 
treasury  of  the  city  of  Detroit  such  additional  salary  as  shall  be  suf- 
ficient, with  the  sum  so  received  from  the  State,  to  make  the  salary  of 
each  of  said  judges  five  thousand  dollars.  (As  amended  by  Act  ap- 
proved May  27th,  1898.) 

(§  234.)  Sec.  7.  There  shall  be  a  clerk  and  two  deputy  clerks 
of  said  court,  who  shall  be  appointed  by  the  recorder,  and  a  memo- 
randum of  such  appointments  shall  be  entered  upon  the  records  of 
said  court.     Such  clerk  and  deputy  clerks  shall  hold  their  respective 


CHARTER   OF    THE   CITY    OF   DETROIT.  I33 

recorder's  court  Chapter  12 

offices  for  the  term  of  six  years  from  and  after  January  sixteenth, 
eighteen  hundred  and  ninety-four,  and  until  their  successors  are  duly 
appointed  and  qualified.  The  common  council  of  eaid  city  shall  have 
the  power,  and  it  shall  be  their  duty  whenever  the  business  of  the 
'.court  so  requires,  to  provide  by  ordinance  for  additional  deputy 
-clerks  and  assistants.  They  shall  prescribe  in  said  ordinance  the 
terms  of  office,  compensation  and  amount  of  bond  required  of  such 
additional  deputy  clerks  and  assistants.  The  recorder  shall  appoint 
the  additional  clerka  and  assistants  authorized  by  said  ordinance  in 
-the  same  manner  as  is  provided  for  the  appointment  of  the  clerk.  The 
recorder  shall  have  power  at  any  time  to  remove  such  clerk,  deputy 
-clerks,  and  assistants  for  incompetence  or  serious  neglect  in  the  per- 
formance of  their  duties;  and  in  case  of  such  removal  or  of  a  vacancy 
in  the  said  office  by  the  death  of  said  clerk,  deputy  clerks,  or  assist- 
ants or  otherwise,  the  said  recorder  shall  till  the  unexpired  term  by 
a  new  appointment.     (Amended  by  Act  approved  May  27th,  1893) 

(§  235.)    Sec.  8.      The   clerk   and   deputy  clerks   of  said  court 

Bond  of  Clerk 

-each,  before  entering  upon  the  duties  of  his  office  shall  give  a  bond  to  asid  Deputies., 
the  people  of  the  State   of  Michigan,  to  be  approved  by  the  recorder, 
for  the  faithful  discharge  of  the  duties  of  said  office.     The  clerk  shall 
.give  a  bond  in  the  sum  of  ten   thousand   dollars;  deputy  clerks  each 
in  the  sum  of  five  thousand  dollars.    The  condition  of  such  bond  shall 

•be  in  substance  as  follows:     Whereas,  the  above  bounden 

as  the of  the  recorder's  court  of  the  city  of  Detroit;  now, 

•therefore,  the  condition   of  the   said   obligation  is  such,  that  if  said 

shall  faithfully,  truly  and  impartially  enter  and  record 

all  orders,  decrees,  judgments  and  proceedings  of  the  said  court,  and 
faithfully  and  impartially  perform  all  other  duties  of  his  said  office, 
•and  pay  over  all  moneys  that  may  have  come  into  his  hands  as  such 

,  and  shall  deliver  to  his  successor  in  office  all  the  books, 

(records,  papers,   seals  and  other  things   belonging  to  the  said  office, 


131 


CI1\KTKK    OF    T1IK    CITY    ()!••    DKTROIT. 


CH  mti  k  18, 


him  OB  i>b  R'S  I  "i  R  I . 


Clerk  to  keep 
recoi  d. 


then    the   above   obligation   to    be   void,  otherwise  to  remain  in  full 
effect.     (As  amended  by  Act  approved  May  27,  1893. 

(£  286.)  Sec.  9.  It  shall  be  the  duty  of  said  clerk  to  keep  a  true 
record  of  the  proceedings  of  said  court,  in  the  proper  books,  to  be 
provided  therefor;  to  enter  and  record  all  orders,  decrees  and  judg- 
ments, and  file  and  safely  keep  all  books  and  papers  belonging  to  or 

pertaining  to  said  court.     lie  shall  sic;n  and  seal  all  writs  and  process 

Powers  and 

duties  of  Clerk.  jggujng  from  said  court,  and  shall  have  power  generally  to  admin- 
ister oaths  and  take  attidavits  and  acknowledgements,  and  to  do  all 
acts  authorized  by  law  to  be  done  by  clerks  of  circuit  courts  of  this 
state,  so  far  as  the  same  may  be  applicable.  He  shall  receive  all 
tines  and  costs  imposed  by  said  court,  and  within  a  reasonable  time 
pay  the  same  to  the  county  treasurer  of  Wayne  county  and  take  a 
receipt  therefor,  except  such  fines  and  costs  as  may  be  imposed  for 
violations  of  city  ordinances,  which  shall  be  received  by  the  city  at- 
torney and  by  him  paid  to  the  city  treasurer.  He  shall  receive  a 
salary  of  three  thousand  dollars  per  annum,  which  shall  be  payable 
out  of  the  treasury  of  said  city.  (As  amended  by  Act  approved  May 
24,  1893.) 


Powers  of 
Deputies. 


Jurisdiction 

of  Court. 


(§  237.)  Sec.  10.  The  deputy  clerks  of  said  court  shall  have  the 
same  powers  as  are  given  to  the  clerk  thereof,  and  they  shall  each  re- 
ceive such  salary,  not  exceeding  two  thousand  dollars,  and  not  less 
than  fifteen  hundred  dollars,  as  shall  be  voted  them  by  the  common 
council  of  the  city  of  Detroit,  which  shall  be  payable  out  of  the  treas- 
ury of  said  city.     (As  amended  by  Act  approved  May  27,  1893.) 

(§  238.)  Sec.  11.  The  said  recorder's  court  shall  have  original 
and  exclusive  jurisdiction  of  all  prosecutions  and  proceedings  in  be- 
half of  the  people  of  this  state,  for  crimes,  misdemeanors,  and  offenses 
arising  under  the  laws  of  this  state,  and  committed  within  the  cor- 
porate limits  of  the  city  of  Detroit,  except  in  cases  cognizable  by  the 


CHARTER   OF   THE    CITY   OF   DETROIT.  I35 


recorder's  court.  Chapter  12 


police  court  of  the  city  of  Detroit,  or  by  the  justices  of  the  peace  of 
said  city;  and  shall  have  power  to  issue  all  lawful  writs  and  process, 
and  to  do  all  lawful  acts  which  may  be  necessary  and  proper  to  carry 
into  complete  effect  the  powers  and  jurisdiction  given  by  this  act, 
and  especially  to  issue  all  writs  and  process,  and  to  do  all  acts  which 
the  circuit  courts  of  this  state,  within  their  respective  jurisdictions 
may,  in  like  cases,  issue  and  do  by  the  laws  of  this  state;  Provided, 
That  this  section  shall  not  be  construed  to  prevent  the  grand  jury  for 
the  county  of  Wayne  from  inquiring  into  and  presenting  indict- 
ments, as  heretofore,  for  crimes  and  offenses  committed  within  the 
limits  of  said  city. 

(§  239.)  Sec.  12.  All  indictments  for  offenses  committed  within  IndictmentS) 
the  limits  of  the  city  of  Detroit,  which  may  be  found  and  presented 
to  the  circuit  court  for  the  county  of  Wayne,  by  the  grand  jury  of 
said  county,  shall  be  forthwith  certified  and  transmitted  by  the  clerk 
of  said  circuit  court  to  said  recorder's  court,  and  thereupon  said  re- 
corder's court  shall  have  as  full  and  complete  jurisdiction  of  said  in- 
dictments as  .if  the  same  had  been  originally  presented  to  said  re- 
corder's court,  and  shail  have  full  power  to  take  all  further  proceed- 
ings thereon. 

(§240.)  Sec.  13.  Except  as  provided  in  the  preceding  section,  Prosecutions. 
prosecutions  in  the  recorder's  court  for  crimes,  misdemeanors,  and 
offenses  arising  under  the  laws  of  this  state,  and  within  the  jurisdic- 
tion of  said  court,  shall  be  by  information  as  provided  for  in  chap- 
ter two  hundred  and  sixty-one  of  the  compiled  laws  of  1871;  Pro- 
vided, That  in  all  cases  where  an  information  shall  be  filed  against Proviso' 
any  person  held  for  trial  before  said  court,  it  shall  not  be  necessary 
that  said  information  be  verified  by  oath. 

(§  241.)     Sec.  14.     Said  recorder's  court,  the  clerk,  and  either  Powerto 

let  to  bail. 
judge  thereof,  only,  shall   have   power   to  let  to  bail  any  prisoner  or 


136 


CHARTKR   OF    THK    CITY    OK   DETROIT. 


Chapti  k  IS. 


RE(  ORD1  R*S   COOB  i  . 


Power  to 
■enforce  re- 
cognizances. 


Form  of  re- 
cognizance. 


person  charged  with  bailable  crime,  misdemeanor  or  offense,  or  who 
is  detained  as  a  witness  in  default  of  bail,  of  which  the  said  recorder's 
court  shall  for  any  purpose  have  jurisdiction;  Provided,  That  in 
cases  where  the  clerk  takes  bail,  the  amount  of  the  recognizance  and 
the  number  of  the  sureties  required,  shall  be  the  same  as  that  fixed 
by  the  committing  magistrate,  or  said  recorder's  court,  or  either  judge 
thereof.  Said  recorder's  court  shall  have  full  jurisdiction  on  and  au- 
thority to  control  and  enforce  all  recognizances  lawfully  taken  by  said 
court,  or  by  the  judge  or  clerk  thereof,  or  by  any  other  court, 
judge  or  magistrate,  in  the  course  of  any  prosecution  or  proceeding 
pending  in  said  court,  or  lawfully  taken  by  any  court,  judge  or  mag- 
istrate, to  compel  any  person  or  persons  to  appear  before  said  record- 
er's court,  and  there  to  answer  and  do  according  to  the  terms  thereof; 
and  whenever  default  shall  be  made  in  any  such  recognizance,  such 
default  shall  be  duly  entered  of  record  in  said  recorder's  court,  and 
thereafter  said  court  shall,  upon  motion  of  the  prosecuting  or  city 
attorney,  summarily  enter  judgment  against  all  parties  liable  on  said 
recognizance  for  the  full  amount  thereof;  Provided,  however,  That 
any  person  against  whom  such  judgment  may  have  been  entered 
shall  have  the  right  to  apply  to  the  court  within  twenty  days  after 
the  rendition  of  such  judgment  for  the  vacation  of  the  same  for  good 
and  sufficient  cause  shown;  and  said  court  may,  in  its  discretion,  va- 
cate such  judgment  on  such  terms  as  it  may  deem  just.  Execution 
shall  be  awarded  and  expected  upon  said  judgment,  in  like  manner 
as  is  provided  in  personal  action.  (As  amended  by  Act  approved 
May  27,  1893.) 

(§  242.)  Sec.  15.  Any  such  recognizance  as  is  mentioned  in  the 
preceding  section  may  be  in  the  usual  form,  or  may  contain  a  further 
clause,  authorizing  said  recorder's  court,  upon  default  in  said  recog- 
nizance, summarily  to  enter  judgment  upon  the  same,  against  the  sev- 
eral parties  liable  thereon,  for  the  full  amount  of  such  recognizance. 


CHARTER   OF   THE   CITY   OF   DETROIT.  137 

recorder's  court.  Chapter  12 


(<a  243  )     Sec.   16.      The   prosecuting  attorney   for  the  county  of  Prosecuting 

^o  -J  r-  o  ^  -  Attorney  or 

Wayne,  or  his  assistant,  shall   appear  and   act    for  the  people  of  the  appeal*  all 

state  cases  and 

state  of  Michigan,  in  said  recorder's  court,  in  all  cases  arising  under  render  account 

for  moneys,  etc. 

the  laws  of  this  state,  and  he  shall  render  to  said  court,  in  writing, 
and  on  oath,  at  the  last  term  thereof  in  each  year,  an  annual  account 
of  all  moneys  collected  or  received  by  him  as  the  prosecuting  officer 
of  said  court. 


(§  244.)      Sec.   17.      The  judge    of    said    reoorder's  court  shall  Power  to  ?rant 

habeas  corpus. 

possess  the  same  power  to  grant  writs  of  habeas  corpus,  returnable  be- 
fore himself,  and  to  adjudicate  thereon,  and  do  all  acts  in  vacation 
touching  any  suit  or  proceeding  in  said  court,  as  is  now,  or  may  be 
possessed  by  the  judges  of  the  circuit  courts  of  the  state,  in  matters 
before  said  circuit  courts. 


(§  245.)     Sec.  18.     The  judges  of  the  recorder's  court  shall  each 

Judges  to  have 
have  all  such  powers  and  authority  at  chambers  touching  any  suits  or  like  powers  as 

Circuit  Judges 

proceedings  in  said  recorder's  court,  as  the  judges  of  the  circuit  at  chambers, 
courts  now  or  may  have  in  like  suits  or  proceedings  before  said  cir- 
cuit courts.  Whenever  it  shall  appear  that  upon  the  trial  of  any 
cause,  evidence  of  licentious,  lascivious,  degrading,  or  peculiarly  im- 
moral acts  or  conduct  will  probably  be  given,  the  judge  presiding  at 
such  trial  may,  in  his  discretion,  require  and  cause  every  person,  ex- 
cept those  necessarily  in  attendance  thereof,  to  retire  and  absent  him- 
self or  herself  from  the  court  during  such  trial,  or  any  portion  there- 
of.    And  no  person  under  the  age  of  sixteen  years  shall  be  permitted  Persons  may 

be  excluded 

at  any  time  to  remain  in  the  court  room  during  the  trial  of  any  cause, from  court 

J  °  •>  '  room. 

or  portion  thereof,  unless  such  person  is  accompanied  by  one  of  its 
parents  or  guardians,  or  is  required  by  law  or  the  process  of  the  court 
to  be  present  or  in  attendance  thereon.  (As  amended  by  Act  approv- 
ed May  27,  1893.) 


i  ;S  CHARTER   OV   THE   CITY   OF    DETROIT. 


Chapter  12.  recorder's  court. 

Ru  es  and 

regulations  (8  246.)     Sec.   19.     The  said  recorder's  court  shall  have  power  to 

how  made. 

make  rules  for  regulating  the  practice,  and   conducting   the   business. 

thereof,  and  to  alter,  amend,  or  repeal  the  same  in  its  discretion. 

i  .i  ii  i  oi 

Record,  (S  247.)     Sec.  20.     Said  recorder's  court  shall  be   a  court  of  rec- 

Seal.  etc. 

ord,  and  have  a  seal,  which  it  shall  devise,  and  a  description  thereof, 
attested  hy  the  clerk  of  said  court,  shall  be  deposited   in   the  office  of 
the  controller. 


Writs,  etc., to  (§  248.)     Sec.  21.     All  writs  and  process,  issuing  from   said   re- 

whom  issued 

and  how  served  C01-der's  court,  on  complaints  under  the  city  ordinances,  or  for  offen- 
ses under  this  act,  shall  be  directed  to  the  superintendent  or  any 
member  of  the  metropolitan  police  of  said  city,  and  may  be  served 
and  executed  by  the  officers  to  whom  the  same  are  directed,  at  any 
place  within  the  limits  of  this  State;  and  all  writs  and  process,  for  of- 
fenses under  the  geueral  laws  of  the  State,  shall  be  directed  to  the 
sheriff  of  the  county  of  Wayne,  or  the  superintendent  or  any  member 
of  the  metropolital  police  of  said  city,  and  all  writs  and  process  shall 
run  "  In  the  name  of  the  people  of  the  State  of  Michigau,"  be  sealed 
with  the  seal  of  the  court,  signed  by  the  clerk  of  said  court,  dated  on 
the  day  on  which  the  same  may  issue,  and  tested  in  the  name  of  the 
recorder  of  said  citv. 


Recorder's  (§  249.)     Sec.  22.      Said   recorder's   court   shall   have  exclusive 

Court  shall 

have  exclusive  cognizance  of  all  prosecutions  for  offenses  arising  under  this  act,  or 

cognizance  ° 

"ion.''  u',HkMCU'  any  ordinance  or  regulation  of  the  common  council.  All  such  pros- 
ecutions shall  be  commenced  by  filing  with  the  clerk  of  said  court  a 
complaint,  in  writing,  in  the  form  of  an  affidavit,  duly  sworn  to  before 

Complaints  L  ° 

withclerk.  8aid  clerk,  and  subscribed  by  the  person  making  the  complaint,  and 
having  endorsed  thereon  the  proper  jurat  of  said  clerk;  and  it  shall 
be  deemed  sufficient  to  set  forth   in  said  complaint  the  offense  com- 


CHARTER   OF   THE    CITY   OK   DETROIT.  139. 

RECORDER'S   COIKT.  CHAPTER    12. 


p'ained  of,  according   to   its   substance.      When  a  complaint  shall  be 

filed  as  herein  provided,  a  summons  shall  be  issued  by  the  clerk  ol 
said  court,  commanding  the  respondent  in  said  complaint  to  appear 
before  said  court  on  a  day  therein  mentioned,  to  answer  to  said  com- 
plaint, and  if  said   respondent   shall   fail   to   appear  in   obedience  to  Warrants 

may  be  issued. 

said  summons,  warrants  may  be  issued  by  the  clerk  upon  the 
order  of  said  court  for  the  arrest  of  said  respondent,  who  shall 
be  committed  to  the  jail  of  Wayne  county  to  await  trial  upon 
said  complaint,  unless  he  enter  into  a  recognizance  for  his  ap- 
pearance to  answer  to  said  complaint,  in  such  sum,  and  with 
such  sureties  as  said  court  may,  by  a  general  or  special  order 
direct.  A  warrant  may  be  issued  in  the  first  instance,  upon 
the  order  of  said  court.  The  trial  shall  be  had  and  determined 
upon  said  complaint,  and  upon  pleadings,  which  may  be  amended 
in  the  same  manner  as  indictments  or  informations  and  pleading 
under  the  general  laws  of  the  state.  (As  amended  by  Act  approved 
May  27,  1893.) 

(§  250.)     Sec.  23.    There  shall  be  six  terms  of  said  court,  which 

Terms  of 

shall  commence  on  the  first  Wednesday  in  January,  March,  May,  July  Recorder's 

Court. 

September  and  November,  and  may  be  continued  or  adjourned  from 
time  to  time,  as  long  as  said  court  may  deem  necessary  for  the  trans- 
action of  its  business;  and  whenever,  at  the  close  of  any  term  of  said 
court,  the  trial  of  a  cause  shall  be  in  progress,  such  trial  shall  con- 
tinue until  the  same  is  determined,  and  the  continuance  of  such  trial 
shall  not  be  construed  as  prolonging  said  term,  nor  to  prevent  the 
commencement  of  the  succeeding  term,  previously  designated  as 
herein  required.  If,  from  any  cause,  the  judge  of  the  said  court  shall 
be  unable  to  hold  the  same  on  the  first  day  of  a  term,  or  on  any  other 
day  to  which  said  court  is  adjourned,  the   clerk   thereof  shall   have  p         ()f 

.,  ii.  .<.  .  .  .,,       clerk  to  open 

power  to  open  said  court  and  adjourn  it  iroin  tune  to  time,  until   the  and  adjourn 

court. 


[40  CHARTKK    OF    THE    CITY   OF   DETROIT. 


qh  xl,,  .,  ,.     ,..  R]  .  ORDER'S    I  iM    R  I  . 


judge  shall  be  able  to  attend;  and  in  such  case  all  prosecutions,  pro- 
ceeding and  matters  pending  in  said  court  shall  stand  continued 
until  said  judge  can  hold  said  court.  (As  amended  by  Act  approved 
June  16,  1887.) 

Writ  of  (g  251  \     gEC    24.     All  the  proceedings  of  said   recorder's   court, 

error,  etc.  v" 

at  any  time  before  or  after  final  judgment  or  sentence,  maybe  re- 
moved to  the  supreme  court  by  writ  of  error  or  other  process,  in  the 
same  manner  that  like  proceedings  may,  by  law,  be  removed  to  the 
supreme  court  from  the  circuit  courts  of  the  State,  and  the  supreme 
court  shall  proceed  to  adjudicate  thereon  in  the  same  manner  as  on 
proceedings  removed  from  said  circuit  court.* 

City  Attorney  (§  252.)     Sec.  25.     It  shall  be  the  duty  of  the  city  attorney  to  col- 

to  collect  tines  '  . 

and  pay  to  city  lect  all  fines  and  penalties  imposed  for  offenses  under  this  act,  or  any 

Treasurer. 

ordinance  or  regulation  of  the  common  council  of  said  city,  which 
shall  be  reported  in  writing  by  the  clerk  of  said  court,  at  the  close  of 
each  term  thereof,  to  the  board  of  aldermen,  and  immediately  after 
their  collection  or  receipt  by  the  city  attorney,  shall  be  paid  by  him 
to  the  treasurer  of  said  city. 


Books  and 


(§  253.)  Sec.  26.  The  common  council  of  said  city  and  the 
records  to  be  ]j0ar^  0f  auditors  of  Wayne  county,  or  any  committee  thereof  ap- 
pointed for  the  purpose,  may  at  all  reasonable  times  inspect  the  rec- 
ords and  papers  of  said  recorder's  court,  and  the  clerk  thereof  shall 
give  them,  when  requested,  any  information  within  his  power  or 
knowledge  concerning  such  records  and  papers,  and  concerning  all 
fines  and  penalties  imposed  by  said  court. 

County  and  ,-,  054.)     gEC-  27.     The  city  of  Detroit  shall  be  liable  for  all  rea- 

City  liable  for  \r.   *■        1  j 

prisoners.  sonable  costs  and  expenses,  and  the   board  of  prisoners  incurred  in 

prosecutions  for  offenses   and  proceedings   in   said   recorder's  court, 
'     arising  under  this  act,  or  any  ordinance  or  regulation  of  the   common 
♦Note  10  appendix. 


CHARTER   OF   THE   CITY   OF   DETROIT.  141 

recorder's  court.  Chapter  12' 


council  of  said  city;  and  the  county  of  Wayne  shall  be  liable  for  all 
reasonable  costs  and  expenses,  and  board  of  prisoners  incurred  in 
prosecutions  for  offenses  and  proceedings  in  said  court,  arising  under 
the  general  laws  of  the  State;  but  if  there  be  a  conviction  and  sen- 
tence of  confinement  in  the  Detroit  house  of  correction  of  said  city,  House  of 

Correction. 

for  any  offense  now  or  hereafter  punishable  by  imprisonment  in  the 
State  prison,  the  expenses  attending  the  confinement  of  the  prisoner 
after  sentence  shall  be  paid  by  the  State  treasurer,  quarter-yearly,  on 
the  certificate  of  the  city  controller  that  such  expenses  have  been 
incurred. 

(9  255.)     Sec  28.     Any  person  liable   to   be   imprisoned  or  con- T 

Vj  '  J    r  Imprisonment. 

fined  under  this  act  or  any  ordinance  or  regulation  of  the  common 
council  of  said  city,  for  failing  to  enter  into  any  recognizance  lawful- 
ly required,  or  by  disobeying  any  order  of  said  recorder's  court,  may 
be  so  imprisoned  or  confined  in  the  jail  of  Wayne  county,  and  it  shall 
be  the  duty  of  the  keeper  of  said  jail  to  receive  and  safely  keep 
therein  all  persons  thus  subject  to  imprisonment  or  confinement,  until 
legally  discharged  therefrom. 

(3  256.)     Sec.  29.     Any  law  of  this  State  for  the  safe  keeping   of 

v  Laws  of  State 

prisoners  in  a  county  jail,  or  for   preventing  or   punishing   their   es-toappy' 

cape,  or  the  aiding  of  them  to  escape,  or   any  other  act  detrimental  to 

their  safe  keeping  in  a  county  jail,  shall  apply  to  any  jail,  work-house 

or  house  of  correction  established  or  provided  under  this  act  by  the 

city  of  Detroit  for  the  imprisonment  or   confinement  of  offenders,  in 

the  same  manner  and  to  the  same  effect  as  to  a  county  jail. 


(i  257.)     Sec  30.     Punishments   not   herein   prescribed   for   of- common 

Council  to 

fenses  against  this  act,  and  for  offenses  against  the   ordinances   and  prescribe  pun- 
ishment. 

regulations  of  the  common  council,  shall  be  prescribed  by  said  com- 
mon council. 


142  CHARTER    OF    THE   CITV   OP    DETROIT. 

Chapter  12.  recorder's  court. 


Crimes  to  be  .    n-o  i      o„„     01        1        11                   *•          r                             •    1 

prosecuted  *^  2.>M     Skc.   <>1.      1 11  al  1  prosecutions  lor  crimes,    misdemeanors 

and  laws  of 

staie  and  and  offenses  arising    under   the    laws    of   this    State,    said   recorder's 

*.  i  1 1  in  t  t  ourt 

to  nppiy,  sub-  court  shall  be  governed  in  the  same  manner  as  the   circuit  courts  of 


jecl  hi  reto. 


the  Stale  are  by  the  general  laws  thereof,  which,  so  far  as  the  same 
may  apply,  are  hereby  made  applicable  to  said  recorder's  court,  its 
officers  and  all  proceedings  therein,  subject  to  the  provisions  of  this 
act. 


(?  250.)     Sec.  32.     Any   person   charged  with  an  offense   under 

Court  to  trv 

ail  cases  unless  this  act,  or  any  ordinance  or  regulation  of  the  common  council  of  said 

jury  is 

demanded.         city,  shall  be  tried  by  the  court,  unless  he  shall  request  to  be  tried  by 

a  jury;  aid  if  he  so  request,  he  shall  be  entitled  to  the  same  right  of 

challenge,  and  other  rights  and  benefits   extended  by  law   to  persons 

on  trial  by  a  jury  in  criminal  cases  before  said  court,   subject   to  the 

provisions  of  this  act. 


iurvljst  (2  260.)     Sec.    33.     The     "board    of    jury   commissioners,"    as 

created  by  act  number  ninety-five  of  the  session  laws  of  eighteen  hun- 
dred and  eighty-seven,  shall,  as  provided  in  this  act,  annually,  or 
whenever  required  by  said  recorder's  court,  in  accordance  with  the 
provisions  of  section  six  of  said  act,  select  persons  to  serve  as  petit 
jurors  for  the  trial  of  causes  iu  said  court,  and  file  a  list  thereof  with 
the  clerk  of  said  court.  The  number  to  be  selected  on  the  fourth 
Monday  in  May  of  each  year,  as  provided  in  said  act,  shall  be  three 
hundred.  Provided,  That  said  court  may  direct  a  different  number  to 
be  returned  by  said  board  by  an  order  to  be  entered  upon  its  journal, 
a  copy  of  which,  certified  by  its  clerk,  shall  be  delivered  to  the  presi- 
dent or  secretary  of  such  board  at  least  twenty  days  prior  to  the 
fourth  Monday  in  May;  and  said  board  shall  thereupon  return  for 
said  court  the  number  of  names  mentioned  in  said  order.  (As 
amended  by  Act  approved  June  16,  1887.) 


Proviso. 


CHARTER    OK   THE    CITY   OF   DETROIT.  M3 


RECORDERS   COl'RT. 


Chapter  13 


fj  261.)  SEC.  34.  The  clerk  of  said  court,  on  receiving  said  list,  LisUrfjurors 
shall  file  it  in  his  office,  shall  write  the  names  of  the  persons  thus  se-^jps  ^e; 
iected  on  separate  strips  of  paper  of  the  same  size  and  appearance,  as 
nearly  as  may  be,  shall  fold  up  each  of  said  strips  of  paper  in  the 
same  manner  so  as  to  conceal  the  name  thereon,  and  deposit  and  pre- 
serve the  same  in  a  box,  to  be  called  and  labeled  "  jury  box,"  and  the 
the  persons  whose  names  are  thus  returned  and  deposited  in  said  jury 
box  shall  be  liable  to  serve  as  jurors  for  one  year,  and  until  another 
list  shall  be  selected,  returned  and  filed  with  said  clerk,  and  the 
names  thereon  deposited  in  said  jury  box  in  the  manner  aforesaid. 

(g  262.)  Sec.  35.  Before  depositing  in  said  jury  box  the  names  OW  ballots  to 
contained  in  any  new  list,  the  ballots  deposited  therein  for  the  pre- 
ceding year  shall  be  taken  out  and  destroyed,  and  It  shall  be  the  duty 
of  the  judge  of  said  court  to  attend  and  be  present  with  the  clerk 
when  the  ballots  containing  the  names  of  persons  to  serve  as  jurors 
are  deposited  in  the  said  jury  box  or  taken  out  to  be  destroyed. 

(§  263.)     Sec.  36.    At  least  ten  days  before  any  term  of  said  re- 

Provision  for 

corder's  court,  at  whicls  jury  trials  may  be  had  as  above  provided,  the  drawing  a  jury 

for  any  term. 

clerk  of  said  court  shall  draw  from  the  jury  box  the  name  of  as  many 
persons  as  the  said  court  may  deem  necessary,  notlessthan  twenty-four 
nor  more  than  fifty,  to  serve  as  petit  jurors  in  said  court.  At  least  two 
days  before  such  drawing,  the  said  clerk  shall  give  notice  to  the  Notice  of 
judge  of  said  court  and  to  the  sheriff  of  the  time  when  such  drawing 
shall  take  place. 

(§  264.)      Sec.  37.      At  the  time  so  appointed  it  shall  be  the  dutyjud     and 

Sheriff  to  w't_ 
of  said  judge  and  of  the  sheriff  or  under  sheriff  of  Wayne  county  to  nesS  drawing 

of  jury. 

attend  at  the  clerk's  office  and  witness  said  drawing  of  jurors,  and  if 
neither  said. judge,  sheriff  or  under  sheriff  be  present  at  the  appointed 
time,  the  clerk  may  adjourn  such  drawing  to  some  certain  hour  on  the 
next  day,  of  which  adjournment  he  shall  forthwith  give  notice  to  said 
judge  and  sheriff. 


M4 


CHARTER   OK   THK   CITY   OK    DETROIT. 


Chapter  18  recorder's  court. 


Drawing  (§  265.)    Sec.  38.     If  at  the  time  first  appointed  for  such  drawing,. 

of  jury. 

or  at  the  adjourned  time  therefor,   either  said  judge,  sheriff  or  under 

sheriff  shall  be  present,  the  clerk  shall   proceed  in  such  drawing,  as 

follows:      He  shall  shake  the  jury  box  so  as  fairly  to  mix  the  slips  of 

paper  deposited  therein,  shall  then  draw  from  said  box  publicly,  and 

in  the  presence  of  the  ollicer  or  officers  attending,  as  many  strips  of 

paper  containing  the  names  of  jurors  written  thereon  as  may  have  been 

ordered  by  said  court;  and  one  of  the  attending  officers  shall  keep  a 

minute  of  such  drawing,   in   which  he  shall  enter  the  name  on  every 

strip  of  paper  drawn  before  any  other  such  strip  be  drawn.      If,  after 

drawing  the  whole  number  required,  the   name   of  any  person  shall 

appear  to  have   been  drawn   who   is  insane  or  dead,  or  has  removed 

incompetent       from  the  city  of  Detroit,  or  is  otherwise  incompetent  to  the  knowledge 

persons. 

of  said  clerk  or  any  attending  officer,  an  entry  of  such  fact  shall  be 
made  on  the  minute  of  the  drawing,  the  strip  of  paper  containing  his 
name  shall  be  destroyed,  and  another  name  shall  then  be  drawn  in 
the  place  of  that  destroyed  and  entered  on  the  minute  of  the  drawing, 
and  like  proceedings  shall  be  had  as  often  as  necessary  until  the 
whole  number  of  jurors  required  shall  be  drawn. 

(8  268  )     Sec.  39.     The  said  minute  of  the  drawing  shall  then  be 

Minute  of  "  ' 

sigSoed08 1°  bC  signed  by  ths  clerk  of  said  court  and  the  attending  officers,  and  filed 
by  the  clerk  in  his  office,  and  he  shall  immediately  make  out  a  venire 
facias  and  deliver  the  same  to  the  sheriff  of  Wayne  county,  which 

Venire  facias. 

shall  command  him,  or  any  of  his  deputies,  to  summon  the  persons 
therein  named,  to  be  and  appear  in  said  court  at  the  term  thereof 
for  which  they  were  drawn,  to  serve  as  petit  jurors,  and  not  depart 
the  same  until  discharged,  under  such  penalty  as  the  court  may  im- 
pose. 

(S  267.)     Sec.  40.      Said    venire  facias  shall    be    served  at  least 
how  and*"'    '     three  days  before  the   term  of  the  court  therein  specified,  by  giving 

when  served. 

personal  notice  to  each  person  therein  named,  or  by  leaving  a  written. 


CHARTER   OF   THE   CITY   OF   DETROIT.  I45 

recorder's  court.  Chapter  12 


notice  at  his  place  of  residence  with  some  person  of  proper  age;  and 
return  thereof  shall  be  made  to  said  court  at  its  opening,  specifying 
those  who  were  summoned  and  the  manner  in  which  each  person  was 
notified. 

(§  268.)  Sec.  41.  Said  court  shall  impose  a  fine  on  each  person 
duly  summoned  to  attend  as  a  juror  who  shall,  without  reasonable  Fines  for  nOB. 
cause,  neglect  to  attend,  not  exceeding  five  dollars  for  each  day's  non-  '0f  jurors. 
attendance  and  neglect,  but  all  persons  who,  under  the  general  laws 
of  the  state,  are  exempted  or  may  be  excused  from  serving  as  jurors 
in  the  circuit  courts,  shall  be  exempted  and  may  be  excused  from 
serving  as  jurors  in  said  recorder's  court. 

(§  269.)    Sec.  42.      The  clerk  of  said  court  shall  destroy  the  bal- 
lots of  all  persons  who  shall  attend  and  serve  as  jurors,  or  who  shall  Ballots  to  be 

destroyed. 

be  excused  from  serving  as  jurors  on  the  ground  of  being  exempted 
by  law  from  such  service,  and  the  ballots  of  persons  who  did  not  ap- 
pear and  serve,  which  shall  not  have  been  destroyed,  shall  be  returned 
to  the  jury  box. 

(§  270.)     Sec.  43.     Whenever,  for  any  cause,  petit  jurors  shall 

.   .  ,  ,  .  ,  „  If  jurors  not  in 

not  have  been  drawn  or  summoned  to  attend  any  term  of  said  lie-  attendance 

court  may 

corder's  Court,  or  a  sufficient  number  of  qualified  jurors  shall  fail  taordera  number 

to  be  drawn. 

appear,  such  oourt  may,  in  its  discretion,  order  a  sufficient  number  of 
petit  jurors  to  be  forthwith  drawn  from  said  jury  box  and  summoned 
to  attend  such  court. 

(§271.')     Sec.  44.     The  sheriff,  on  receiving  a  list  of  jurors  drawn, 
pursuant  to  the  preceding  section,   shall  proceed  as  soon  as  possible  She^m3En°-uror 
to  summons  such   jurors  forthwith  to  attend  such  court,  and  make  re- 
turn to  said  court  of  his  doings  in  the  same  manner  as  in  the  case  of  a 
venire  facias, 

(§  272.)     Sec.  45.     When  there  shall  not  be  jurors  enough  pres- 

By-standers. 

■ent  to  form  a  panel  in  any  case,  said  court  may  direct  the  officer  in  at- 


\.\l>  CHARTER    OF   THE   CITY   OF    DETROIT. 

Chap  n  h  19,  re<  ordi  k's  coi  rt. 


tendance  on  said  court  to  summon  a  sullicient  number  of  persons 
having  the  qualifications  of  jurors  to  complete  the  panel  from  among 
the  bystanders  or  the  neighboring  citizens,  and  such  officer  shall  im- 
mediately summon  the  number  so  ordered  and  return  their  names  to 
said  court. 

(§  273.)  Sec.  4G.  The  clerk  of  said  court,  on  the  first  day  of 
oYcierk.lip0,t  January  in  each  year,  or  as  soon  thereafter  as  practicable,  shall  make 
to  the  board  of  aldermen  a  report  in  writing,  duly  certified  by  him, 
showing  the  whole  number  of  prosecutions  by  information  or  indict- 
ment, which  number  shall  be  also  classified  by  the  name  or  descrip- 
tion of  the  offense;  the  whole  number  of  prosecutions  for  offenses 
against  this  act  or  the  ordinances  and  regulations  of  the  common 
council,  which  shall  be  also  classified  in  like  manner,  so  far  as 
practicable;  the  whole  number  of  prosecutions,  convictions,  acquittals, 
cases  dismissed  and  discontinued,  and  cases  pending;  the  whole  num- 
ber of  sentences  passed;  the  whole  number  punished  by  fines  and 
penalties;  the  whole  number  punished  by  imprisonment  and  con- 
finement, which  shall  also  be  classified  according  to  the  prison,  jail 
or  other  place  of  imprisonment  or  confinement;  and  the  whole  num- 
ber held  to  bail  for  good  behavior  and  to  keep  the  peace;  and  said 
report  shall  be  published  in  such  manner  as  the  said  board  shall 
direct. 

(\  274.)     Sec.  47.     There  shall  be  two  stenographers  of   said  re- 
Stenographers 

corder's  court,  who  shall  be  appointed  by  the  recorder,  and  the  per- 
sons so  appointed  shall  be  deemed  officers  of   the   court,   and  it  shall 

be  their  duty  to  attend  at  each  session  thereof,  and    to  take  full  sten- 
Duty  of 
stenographers    0graphjc  notes  of  the  testimony  and  of  the  charge  of  the  court  in   all 

cases  tried  in  said  court,   unless   otherwise   ordered  by   the  judges 

thereof.     And  in  case  a  judge  shall  so  order,  they  shall  make  without 

Shall  make 

trieRib"etof      extra  compensation,  a  legible  transcript  of  their  notes,  which  shall  be 
filed  by  the  clerk  and  preserved  as  part  of  the  files  in  the  cause,  sub- 


CHARTER   OF    THE   CITY   OF   DETROIT.  I47 

RECORDERS    COURT.  CHAPTER    12 


ject  to  the  inspection  and  use  of  all  parties  interested.  They  shall 
each  receive  an  annual  salary  not  exceeding  two  thousand  dollars,  and  Salary- 
not  less  than  twelve  hundred  dollars,  to  be  fixed  by  the  board  of  audi- 
tors, and  which  shall  be  paid  in  monthly  installments  out  of  the 
county  treasury.  Said  stenographers  shall  be  entitled,  except  as  here- 
in otherwise  provided,  to  the  same  fees  for  making  a  transcript  of  the 
testimony  and  charge  of  the  court  in  any  case,  as  shall  be  allowed  by 
law  to  the  stenographer  of  the  circuit  court  for  the  county  of  Wayne 
for  like  service.     (As  amended  by  Act  approved  May  27,  189?.) 

(?  275.)    Sec.  48.     In  cases  of  sickness  or  temporary  absence  ofc. 

oickncss  ot 

a  stenographer,  the  recorder  may  appoint  some  competent    person  steno£raPher- 
to  act  in  his  stead,  who,  while  so  acting,  shall  be  paid  out  of  the  coun- 
ty treasury  such  sum  as  the  court  shall  allow.      (As  amended  by  Act 
approved  May  27th,  1893.) 

(2  276.)    Sec.  49.     This  act  shall  not  be  construed  to  repeal  or  in  Act  not  to  affect 

Police  Court 

any  way  affect  any  of  the  provisions  of  act  479  of  the  session   laws  of  act" 
1871,  entitled  •'  An  act  to  establish  a  police  government  for  the   city 
of  Detroit,"  relating  to  attendance  by  members  of  the  metropolitan 
police  on  said  court  and  the  service  of  process  issuing  therefrom. 

Q  277.)  Sec.  50.  All  acts  or  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed.  (Approved  June  7,  1883. 
Ordered  to  take  effect  July  1,  1883.) 


148 


Chapter  12. 


CHARTER    OF    THE    CITY   OK   DETROIT. 


in  i  okdkk's  cm  k  i. 


Associate 
Judge  of  the 
Recorder's 

Court. 


Manner  of 
election. 


Term  of  office. 


Powers  and 
duties  in  case 
of  vacancy  in 
office  of 
recorder. 


He  shall  act  as 
judge  in  ab- 
sence of 
recorder. 


Annual  salary. 


Vacancy, 
how  filled. 


ASSOCIATE   JUDGE   OF   THE    RECORDER'S   COURT. 

(8  '278.)  An  Act  to  provide  for  an  associate  judge  of  the  re- 
corder's court  of  the  city  of  Detroit,  and  to  authorize  the  governor  of 
the  state  to  fill  any  vacancy  therein. 

(S  279.)  Section  1.  The  People  of  the  State  of  Michigan  enact, 
That  there  shall  be  an  associate  judge  of  the  recorder's  court  of  the 
city  of  Detroit,  who  shall  be  elected  in  the  same  manner  as  is  pro- 
vided by  law  for  the  election  of  recorder. 

(§  280.)  Sec.  2.  He  shall  hold  his  office  until  the  second  Tues- 
day of  January,  A.  D.  eighteen  hundred  and  ninety-four.  If  a  va- 
cancy shall  occur  in  the  office  of  recorder,  he  shall  perform  all  the  duties 
and  shall  have  all  the  powers  and  authority  of  said  recorder.  No 
election  shall  be  held  to  fill  said  office  of  associate  judge  at  or  after 
the  expiration  of  the  present  term  of  the  recorder  of  said  court. 

(§  281.)  Sec  3.  He  shall,  in  the  absence  or  during  the  inability 
for  any  cause  of  the  recorder  to  perform  the  duties  of  his  office,  act  as 
judge  of  the  recorder's  court  of  the  city  of  Detroit. 

(§  282.)  Sec.  4.  He  shall  receive  from  the  treasury  of  the  city 
of  Detroit  an  annual  salary  of  three  thousand  dollars. 

(§  283.)  Sec.  5.  Upon  the  taking  effect  of  this  act  a  vacancy  in 
said  office  of  associate  judge  shall  be  deemed  to  exist,  and  the  gov- 
ernor of  the  state  is  hereby  authorized  to  appoint  some  suitable  per- 
son to  fill  such  vacancy,  and  such  appointee  shall  hold  his  said  office, 
until  his  successor  is  elected  and  duly  qualified.  Said  successor  shall 
be  elected  at  the  next  ensuing  charter  election  of  the  city  of  Detroit. 
This  act  is  ordered  to  take  immediate  effect.  (Approved  May  25, 
1889.) 


CHAPTER     XIII. 


PUBLIC   LIGHTING   COMMISSION. 

AN  ACT  to  amend  an  act,  entitled  "An  act  to  provide  a  charter  for 
the  city  of  Detroit,  and  to  repeal  all  acts  and  parts  of  acts  in  con- 
flict therewith,"  approved  June  7,  1883,  by  adding  a  new  chapter 
thereto. 

SECTION  1.  The  People  of  the  State  of  Michigan  enact,  That  an 
act  entitled  "An  act  to  provide  a  charter  for  the  city  of  Detroit,  and 
to  repeal  all  acts  and  parts  of  acts  in  conflict  therewith,"  approved 
June  7, 1883,  be  and  the  same  is  hereby  amended  by  adding  a  new 
chapter  thereto  to  be  known  as  chapter  thirteen,  to  read  as  follows: 

CHAPTER  XIII. 

(S  284.)     Section  1.     There  shall  be  a  board  of  commissioners  in  Public  Light- 

ing  Commission 

said  city  known  as  the  public  lighting  commission.     Said  commission  ™eir  appomt- 

shall  consist  of  six   members,   who   shall  be   appointed  by  the  mayor 

and   approved   by   the   common   council.      The   first  appointment  of 

members  of  this  commission  shall  be  made  at  the  next  meeting  of  the 

common  council  after  this  chapter  shall  have  become  operative,  and 

the  first  appointments  shall  be  made  for  the  terms  respectively  of  one, 

two,  three,  four,  five  and  six  years,  and  the  members  so  appointed 

shall  hold  office  until  their   successors   are   appointed  and  shall  have 

qualified.      Their  successors  shall  be  appointed  at  the  termination  of 

said  respective  terms  for  the  term  of  six  years.     Said  commissioners 

shall  take  and  file  in  the  office   of   city   clerk   the   oath  of   office  pre- 


I50  CHARTER    oi-    Till'    CITY   01.    DETROIT. 

Chapter  13.  publk    lighting  commission. 


scribed  for  city  officers,  and  shall  then  enter  upon  the  performance  of 
their  duties.  They  shall  appoint  their  president  and  secretary,  who 
shall  perform  the  duties  usually  appertaining  to  such  offices  and  such 
as  shall  be  prescribed  by  said  board.  The  president  of  said  board 
shall  be  ex-officio  a  member  of  the  board  of  estimates.  Said  board  of 
commissioners  shall  have  authority  to  call  upon  the  city  surveyor  for 
any  service  they  may  require  in  making  maps  or  diagrams  of  loca- 
tions of  lights  and  wires  within  the  city  limits,  and  the  city  clerk  and 
board  of  public  works  shall  furnish  them  such  information  as  they 
may  require  for  the  proper  discharge  of  their  duties. 

contractor  (§  285.)     Sec.  2.      The  said  city  may  contract  for  the  lighting  of 

establish   light- 
ing plant.  public  buildings,  streets,   avenues,  parks,   public  grounds  and  places 

for  any  period  not  exceeding  tliree  years.  It  shall  have  power  to  pro- 
cure lands,  and  purchase  or  construct  the  necessary  buildings,  engines 
dynamos  and  other  machinery,  tools,  lamps,  lines,  conduits,  poles, 
towers  and  other  apparatus  and  appliances,  constituting  a  plant  for 
lighting  the  said  city  by  electricity,  or  by  any  other  means  or  sys- 
tem, and  if  the  common  council  deem  it  desirable  it  may  purchase 
towers,  poles,  wires,  lamps  and  other  appliances,  and  cause  lines  of 
wire  to  be  constructed,  the  use  of  which  it  may  let  to  any  person  or 
corporation  contracting  to  light  said  city.  It  shall  also  have  power  to 
lay  pipes  and  conduits  in  the  highways,  alleys  and  public  places,  for 
gas  or  electric  light  wires,  and  to  erect  in  the  highways,  alleys,  and 
public  places,  poles,  towers  or  posts  for  wires  or  lamps,  and  to  place, 
construct  and  maintain  the  necessary  lines  of  wires,  either  below  or 
above  ground,  in  the  highways,  alleys  or  public  places;  Provided, 
That  nothing  in  this  act  shall  be  construed  as  granting  said  munici- 
pality or  said  board  the  right  to  engage  in  the  business  of  private  or 
commercial  lighting. 

c  ts  .  (ji  286.)     Sec.  3.     If  the  common  council  shall  determine  to  con- 

tract for  lighting,  it  shall  by  resolution  direct  the  public  lighting  com- 


CHARTER   OF   THE    CITY   OF    DETROIT. 


151 


PUBLII     LIGHTING  COMMISSION.  CHAPTER  13 


missioners  to  enter  into  a  contract  for  lighting  said  city,  either  by 
electricity  or  by  such  other  means  as  it  may  determine,  for  a  period 
of  time  to  be  mentioned  in  such  resolution.  It  shall  thereupon  be  the 
duty  of  said  commissioners  to  prepare  specifications  and  advertise  for 
proposals  for  a  period  of  not  less  than  five  days,  and  enter  into  a  con- 
tract in  behalf  of  said  city  with  the  lowest  responsible  bidder,  for 
lighting  said  city  by  such  means  as  are  specified  in  such  resolution; 
Provided,  It  shall  be  competent  for  the  commissioners  to  contract  for 
lighting  the  public  buildings  and  any  part  or  portion  of  the  city  by 
different  means  or  systems. 

(i  28T.)     Sec.  4.     If  the  common  council  shall  determine  that  it  c°uncil  may 

direct  Com- 

is  advisable  to  establish  a  plant  for  public  lighting,  to  be   owned  by  e^tobHsh^fant 

the  city,  it  may  direct  said  commissioners  to   purchase  the  necessary 

lands,  machinery,  wires,  poles,  lamps,  towers  and  other  apparatus  and 

appliances  mentioned  in  the  first  section  of  this  chapter,  the  cost  of 

which  shall  not  exceed  eight  hundred  thousand  dollars.     And  it  shall 

thereupon  be  the  duty  of  said  commissioners  to  carry  into  effect  the 

authority  thereby  conferred,  and  to  make  the   necessary  purchase  of 

lands,  machinery,  engines,  tools, lamps,  apparatus  and  appliances,  and 

construct  the  buildings  required,  and  cause  to  be  constructed  or  laid 

all  necessary  conduits  and  lines  of  wire  below   ground,  and   to   erect 

and  construct  all  necessary  poles,  towers,  posts,   lines  of  wire  above 

ground,  which  they  shall  deem  necessary  or  required   according  to 

such  system  or  systems,  as  they  shall  deem   best  for  the  lighting  of 

said  city. 

(§  288)    Sec.  5.     The  said  commissioners  may  employ  an  elec-  city  electrician, 

superintend- 

trical  engineer  who  shall  be  known  as  the   city  electrician,  and  such  ents>  clerks'etc- 
other  superintendents,  engineers,  clerks,  agents  and  subordinates  un- 
der them  as  may  be  necessary  to  carry  into  effect  the  provisions  of 
this  chapter,  regulate  and  define  their  duties  and  prescribe  their  com- 
pensation. 


152  CHARTER   OF   THE   CITY   OF  DETROIT. 

Chapter   i:>.  i-ruur  lkhitim;  commission. 


Establishment  ,     ■js'.i.')     Hefore  the  common   council    shall  direct  said  commis 

of  plant  to  be 

submitted  to       si,mers  to  establish  a  plant  as  herein  provided,  it    shall   by    resolution 
electors. 

submit  to  the  electors  of  said  city,  to  be  voted  upon  by  said  electors, 
the  question,  as  to  whether  the  authority  hereby  conferred  shall  be 
exercised.  The  proposition  shall  be  stated  upon  the  ballots  to  be 
printed  by  the  election  commissioners,  in  the  following  form:  "  For  a 
city  lighting  plant — Yes,"  and  the  same  words  repeated  followed  by 
the  word    "  No;"   and    any    elector    may    vote  for  or    against    said 

r 

proposition  by  making  a  cross  opposite  said  word  "Yes"  or  "No,' 
respectively.  The  votes  upon  said  proposition  and  for  and  against 
the  same,  respectively,  shall  be  certified,  returned  and  canvassed  by 
the  board  of  city  canvassers  in  the  manner  now  provided  by  law  for 
certifying,  returning  and  canvassing  votes  cast  for  city  officers.  And 
if  a  majority  of  the  electors  voting  thereon  in  said  city  shall  vote  in 
favor  of  said  proposition  then  the  authority  hereby  conferred  may  be 
so  exercised  ;  otherwise  the  same  shall  not  be  so  exercised.  Notice 
shall  be  given  by  the  city  clerk  by  publication  in  four  or  more  news- 
papers of  the  election  to  vote  upon  said  proposition  at  least  five  days- 
before  the  election. 

Commissioners  (J  290.)     Sec.  6.     The  said  commissioners  shall  have  a  general 

to  have  charge 

of  public  supervision  and  management  of  all  public  lighting,  and  of  any  plant 

lighting. 

established  by  the  city,  as  herein  provided  for  that  purpose,  and  all 
employes  engaged  in  or  about  the  construction  or  operation  thereof, 
provided  that  after  the  adoption  by  them  of  plans  and  specifications 
for  the  erection  of  any  buildings,  the  board  of  public  works  shall 
have  the  immediate  supervision  or  superintendence  of  construction 
thereof,  and  also  of  the  laying  of  conduits  in  the  public  streets  and  of* 
the  necessary  excavation,  refilling  and  repaving  caused  thereby. 

(S  291.)     Sec.  7.     The  said  city  may  raise  by  tax  the  necessary 

Power  to  raise  v«  '  J  J 

or°bondsbv  ta  *    funds  to  provide  for  the  public   lighting  and   for  the  purpose  of  pro- 
viding for   the   construction   of   the   public  lighting  plant,  as  herein 


CHARTER   OF   THE    CITY   OF    DETROIT.  I53. 

PUBLIC    LIGHT  NG   COMMISSION.  CHAPTER    13 


provided,  may  raise  moneys  by  tax  or  issue  the  bonds  of  said  city, 
payable  at  such  time  and  in  such  amount  and  at  such  rates  of  interest 
as  the  common  council  may  determine,  subject,  however,  to  the  ap- 
proval of  the  board  of  estimates  as  provided  by  section  4,  chapter  8, 
©f  the  act  number  488  of  the  public  acts  of  1887.  It  shall  also  have 
power  to  issue  bonds  in  like  manner  or  raise  moneys  by  tax  for  the 
purchase  or  construction  of  conduits,  wires,  posts,  poles,  towers  and 
lamps,  for  use  by  any  party  or  parties  contracting  for  the  public 
lighting  as  herein  provided. 

(§  292.)     Sec.  8.     No  contract  shall  be   let  nor  any  purchase  be  contracts  not 

let  in  excess 

made  of  any  lands  or  property  requiring  the  payment  of  any  money,  of  funds 

authorized. 

nor  shall  any  moneys  be  paid  for  public  lighting  in  excess  of  the  tax 
levied  for  that  purpose,  or  of  moneys  raised  by  issuing  bonds  as  herein 
provided. 

(§  293.)     Sec.  9.     The  public  lighting  commissioners  shall  have  commissioners 

to  have  super- 

the  supervision  of  the  construction  of  all  the  electric  lighting  lines  of  vision  of  ail 

electric  light- 

wires  in  said  city  whether  owned  by  the  city  or  by  other  parties,  and  lns  wires>  etc* 
of  all  connections  made  with  any  building  or  buildings,  and  no  such 
wires  or  lines  of  wires  shall  be  placed,  laid,  erected  or  constructed, 
nor  shall  any  pole  or  post  or  conduit  be  laid,  placed  or  constructed 
for  such  lines,  nor  any  connection  made  with  any  building  or  build- 
ings, except  under  such  general  regulations  as  they  from  time  to 
time  may  adopt.  They  may  prescribe  the  limits  of  the  district  or 
districts  of  said  city,  within  which  it  shall  not  be  lawful  to  erect 
poles  and  train  wires  for  such  lines  above  ground  in  any  street  or 
highway,  and  they  may  prescribe  or  determine  the  other  street  or 
streets  in  which  it  may  be  lawful  to  erect  or  construct  such  lines  of 
wire  above  ground.  Any  person  violating  the  provisions  of  this  sec- 
tion shall  be  deemed  guilty  Of  a  misdemeanor  and  shall  be  punished 
accordingly. 


I  =,|  CHARTER   OF   THE    CITY   OF    DETROIT. 

Chapter  13.  publii    lighting  commission. 


Council  maj  (§294.)     Si:c.    10.      The   common    council   shall    have    power   to 

adopt  ordin- 

adupt  ordinances  not  in  conflict  herewith,  to  carry  out  the  provisions 
of  this  chapter  and  to  regulate  the  use  of  electricity  for  lighting  pur- 
poses in  said  city,  and  the  training  or  using  of  wires  therefor,  and  to 
regulate  or  prohibit  the  erection  of  poles  in  the  streets  of  said  city  for 
such  wires,  or  the  training  thereof. 

Breaking  or  fg  295.)     Sec.     11.     Any  person  who  shall  cut,  break,  injure  or 

injuring  vo  '  J    *  '        J 

"vi.os'rt'c  '  a      destroy  any  building,  engine,  dynamo  or  other  machinery,  or  appli- 
misdemeanor.  .  ' 

ances,  poles,  posts,  towers,  lamps,  wires  or  conduits  erected,  con- 
structed or  used  for  the  public  lighting  of  said  city,  whether  owned 
by  the  corporation  or  by  any  party  or  parties  contracting  for  the 
lighting  of  said  city,  with  intent  to  prevent  or  interrupt  the  lighting 
of  any  public  building,  or  any  part  or  portion  of  said  city,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  therefor  by  a 
tine  of  not  less  than  twenty-five  dollars  nor  more  than  one  thousand 
dollars,  or  by  imprisonment  not  exceeding  two  years,  or  by  both  tine 
and  imprisonment  in  the  discretion  of  the  court,  and  proof  that  the 
act  was  willful  shall  be  prima  facie  evidence  of  such  intent.  (This 
Act  is  ordered  to  take  immediate  effect.     Approved  March  18,  1893.) 


CHAPTER     XIV. 


LAW   DEPARTMENT. 

AN  ACT  supplemental  to  the  charter  of  the  city  of  Detroit,  and  to 
provide  for  a  law  department  in  said  city. 

(§  296.)      SECTION   1.       The  People  of  the  State  of  'Michigan  enact:  m^t;  how 

constituted. 

That   there   is   hereby   established   an   executive   department  of  the 

municipal  government  of  the   city  of  Detroit,  which  shall  be  known 

as  the  department  of  law,  and  shall  embrace  the  city  counselor,  the 

city  attorney,  one  chief  assistant  to  each  and  such   other  assistants 

clerks  and  subordinates  as  the  common  council  shall  see  fit  to  prescribe 

and  establish.     The  common  council  shall  provide  proper  offices,  fuel,  council  to 

provide 

-  and  all  necessary  books,  blanks,   stationery,  etc.,  for  the  use  offices,  etc. 
of  said  department. 

(§  297.)     Sec.  2.     The   city  counselor  shall  be  a  practicing  at- 

City  Counselor, 

torney,  appointed  as  provided  in  this  act.      He   shall    have    practiced  how  anpointed; 

term  of  office. 

his  profession  for  at  least  five  years,  and  shall  devote  his  whole  time 
to  the  duties  of  the  office.  lie  shall  be  appointed  by  the  mayor  on 
or  before  the  third  Tuesday  in  June  for  the  term  of  three  years  from 
the  first  day  of  July  next  succeeding  his  appointment. 


(§  298.)    Sec.  3.     The  city  counselor  and  the  city  attorney  shall,  £j^A^J£}"lor 
each,  before  entering  upon  the  duties  of  his  office,  execute  bonds  to  bonds?" 
the  city  of  Detroit  in  the  sum   of   five   thousand   dollars,  with  such 


[56 


LAWS   RELATING   To   THE   CITY   OF    DETROIT. 


Chap  m;  1 1. 


1    \\\     DB  PAR  l  Ml  N  l  . 


Salary  of  City 
Counselor. 


Powers  and 
ilutu js  of  Law 
Department. 


Department 
to  furnish 


Assistants  to 
Counselor  and 
Attorney. 


sureties   as   the   common  council  shall   .approve,  conditioned  for  the 
faith t'ul  performance  of  the  duties  of  his  office. 

(§  299.)    Sec.  4.     The   city  counselor  shall   receive   an   annual 
salary  of  five  thousand  dollars,  payable  in  monthly  installments. 

(§  300.)  Sec.  5.  The  city  counselor  shall  be  the  head  of  the  de- 
partment of  law,  and  he  shall  superintend  and  conduct  all  the  law- 
business  of  the  city  and  its  departments,  excepting  that  of  the  board 
of  police  commissioners,  conduct  all  suits  brought  by  or  against  the 
city,  or  any  board  thereof  excepting  the  board  of  police  commis- 
sioners; the  city  attorney  shall  have  charge  of  and  conduct  all  pros- 
ecutions for  violations  of  the  ordinances  of  the  city,  all  proceedings 
for  the  opening  of  streets  or  alleys,  all  proceedings  for  the  con- 
demnation of  lauds,  and  other  proceedings  in  the  recorder's  court 
and  appeals  therefrom,  and  either  of  said  officers  shall  draft  all  such 
ordinances  as  may  be  required  by  the  common  council  or  a  committee 
thereof,  and  prepare  such  leases,  deeds,  contracts  or  other  papers  as 
may  be  required  by  the  common  council  or  by  any  department  of 
the  city  government,  excepting  the  board  of  police  commissioners. 
It  shall  be  the  duty  of  the  city  counselor  to  act  with  the  city  at- 
torney in  any  of  said  matters  when  so  requested. 

(§  301.)  Sec.  6.  The  law  department  shall,  when  required,  fur- 
nish written  opinions  upon  all  subjects  submitted  by  the  common 
council,  by  the  mayor,  or  by  any  board  or  head  of  any  department  of 
the  city  government,  excepting  the  board  of  police  commissioners. 

(§  302.)  Sec.  7.  The  city  counselor  and  city  attorney  shall  ap- 
point their  respective  assistants,  clerks  and  subordinates  as  may  be 
authorized  by  the  common  council.  In  case  of  the  disability  or  ab- 
sence of  the  city  counselor  or  city  attorney  the  chief  assistant  shall 
have  charge  of  the  business  of  said  department,  and  in  case  of  a 
vacancy  in  the  office  of  city  counselor  or  city  attorney  the  chief  as- 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT.  157 

LAW    DEPARTMENT.  CHAPTER    14 


sistant  shall  perform  the  duties  of  such,  office  until  the  vacancy  be 
filled. 

(§  303.)     Sec.  8.     Upon  the  expiration  of  the  term  of  office  of  the  „    , 

Books,  etc.,  to 

city  counselor  and  of  the  city  attorney  or  their  resignation  thereof,  or  successor?*1  tf> 
removal  therefrom,  such  officer  shall  forthwith  on  demand  deliver  to 
his  successor  in  office  all  deeds,  leases,  contracts  and  other  papers  and 
books  in  his  hands  belonging  to  the  corporation,  or  deliver  (delivered) 
to  him  by  the  corporation  of  any  of  its  officers,  and  all  papers  inactions 
prosecuted  or  defended  by  him,  or  which  are  pending  and  undeter- 
mined. 

(§  304.)     Sec.  9.     The  city  counselor  shall  annually,  on  or  before  Annual  report 

of  City 
the  first  day  of  July  in   each   year,   report   in  writing  to  the  common  Counselor- 

council  of  all  suits  instituted  and  pending  in  the  courts  of  record  in 
which  the  city  of  Detroit  is  a  party,  in  which  report  shall  be  stated 
the  names  of  all  defendants  and  plaintiffs,  the  nature  of  the  actions, 
the  date  of  the  commencement  and  the  several  steps  that  may  have 
been  taken  in  court  during  his  term  of  office  to  bring  such  suits  to 
final  issue,  to  be  accompanied  with  such  explanatory  remarks  as  said 
officer  may  see  fit  to  append,  to  the  end  that  the  council  may  be  kept 
more  fully  advised  as  to  the  legal  affairs  of  the  city.  He  shall  also 
attach  to  his  said  report  a  list  of  all  such  cases  as  may  have  been 
disposed  of  during  his  term  of  office,  and  subsequent  to  his  last  re- 
port, together  with  their  results. 

(§  305.)    Sec.  10.     No  officer,  department  or  municipal  board. 

'  Officers, 

unless  with  the  consent  of  the  common  council,  shall  have  or  employ  ^ZTu^'  et°" 
any  attorney  or  counsel,  but  it  shall  be  the  duty  of  the  law  depart- 
ment to  furnish  to  every  department,  officer  and  municipal  board, 
except  the  board  of  police  commissioners,  such  advice  and  legal  as- 
sistance, as  counsel  or  attorney  in  or  out  of  court,  as  may  be  re- 
quired by  such  officer,  department  or  board. 


employ 
attorneys. 


ISS  LAWS    RELATING   TO   THE   CITY   OK   DETROIT. 

Chapter  u.  taw  department. 


Police  depart-  r§  306.)    Sac.  11.    It  shall  be  the  duty  of  the  superintendent  o^ 

iiu'iii  to  furnish 

metropolitan  police  to  detail  on  request  of  tbe  city  counselor  of  one 
or  more  detectives  for  service  as  may  be  required  in  connection  with 
the  business  of  said  department. 

(§  307.)    Sec.  12.     It  shall  be  the  duty  of  any  officer  upon  whom 

Duty  of  officers  ,  .  ,    , 

on  whom  any  process  or  other  paper  may  be  served  in   any  cause  commenced 

papers  served 

to  deliver  to        0r  pending  against  said  city,  to   immediately   transmit   such   process 

Counselor. 

or  paper  to  the  city  counselor,  who  shall  inform  the  common  coun- 
cil of  the  pendency  of  the  suit  or  proceeding,  and  unless  otherwise 
directed  by  the  council  he  shall  appear  in  such  suit  or  proceeding  in 
behalf  of  the  corporation,  and  if   a  judgment  or  decree  be  entered 

Counselor  may   therein  he  may  cause  an  appeal  or  other  appropriate  proceeding  to 
appeal  causes. 

be  taken  to  remove  such  cause  to  the  appellate  court  if  in  his  judg- 
ment the  interests  of  the  city  so  require. 

City  not  re-  (§  308.)      Sec.  13.     Whenever   an   appeal   shall  be  taken  in  any 

quired  to 

furnish  appeal    cause,  or  a  writ  of  error  issued  in  any  suit  brought  against  said  city 

bonds. 

of  Detroit,  it  shall  not  be  necessary  in  order  to  perfect  said  appeal,  or 
to  stay  proceedings  upon  any  judgment,  for  the  corporation  to  execute 
any  bond  or  other  undertaking,  but  there  shall  be  the  same  right 
to  sue  and  recover  against  the  said  city  the  same  damages  that  the 
appellee  would  have  had  had  an  undertaking  or  bond  been  executed 
by  the  corporation  in  such  cases.  The  appeal  shall  be  deemed  to 
have  been  perfected  when  a  claim  or  notice  of  such  appeal  shall  have 
been  filed  and  notice  thereof  given,  to  the  appellee  or  his  solicitor 
or  attorney.  This  Act  is  ordered  to  take  immediate  effect.  (Approved 
June  1,  1893.) 


CHAPTER     XV. 

BOAKD    OF   PUBLIC    WORKS. 

(6  309.)     SECTION  1.      The  People  of  the  State  of  Michigan,  enact, 

"  '  Appointment 

There  shall  be  appointed  by  the  common  council,   on   nomination    of  of  menibers- 
the  mayor,  on  the  last  Tuesday  of  December  following  the  passage  of 
this  act,  three  persons,  freeholders  and  electors  of  the  city,  who  shall 
constitute  a  board  to  be  known   and  designated  as  the   Detroit  board 

Term  of  office 

of  public  works.*  Such  persons  shall  hold  their  office  for  the  term 
of  two,  three  and  four  years,  respectively,  from  the  third  Tuesday  in 
January,  eighteen  hundred  and  seventy-four,  which  terms  shall  be 
determined  by  lot  in  the  manner  to  be  prescribed  by  ordinance  for 
drawing  lots.  Each  succeeding  member,  so  appointed  by  the  council, 
shall  be  nominated  and  appointed  in  like  manner  on  the  second 
Tuesday  in  January  preceding  the  expiration  of  the  term  of  office  of 
any  member  whose  term  will  next  expire,  and  for  the  term  of  four 
years.     Each   member  of  said  board  shall   receive   such  salary  per  pe0pfe  Jx  reT 

Alex.  Chapatorv 

annum  as  the  common  council  may  from  time  to  time  establish.  Each  vs.  Common 

Council;  Janu- 

member  shall  devote  his  entire  time  to  the  performance  of  his  official  arv  term> 1878- 
duty,  and  for  any  failure  or  neglect  to  do  so,  or  for   any  other   cause 
deemed  sufficient,  may  be  removed  from  office  in  the  same  manner  as 

other  elective  officers  of  the  city  are  removed  by  the  common  coun- 

_,,  ,  „       .  .  _  n,n.,         i     .       ,  ,.  Bond  to  be 

cil.     The  members  of  said  board  shall  give  bonds  in  the  sum  of  twen-  given. 

ty  thousand  dollars  each,  with  sureties  to  be  approved  by  the  com- 
mon council  of  the  city  of  Detroit.     The  said  board  shall  elect  one  of  presidentof 

,  .  ,  ,  ,.  .  .  .  ,     ,  ,    Board;  how 

its  own  members   president  thereof.      All   vacancies   in   said   board,  elected, 
whether  by  expiration  of  term  of  service  or  otherwise,  shall   be  filled 
by  the  appointment  of  the  mayor,  and  be   confirmed  by  the  common 
council. 

*See  note  11  appendix. 


[60  LAWS    Kll    \11M'.    TO    Till'.    CITY   OF   DETROIT. 

Chapter  15.  board  of  public  works. 


ineer;  (§  310.)     Sec.  2.     As  soon  as  practicable  alter  the   members  of 

how  appointed. 

said  board  shall  have  been  appointed  and  qualified,  they,  together 
with  the  members  of  the  board  of  water  commissioners  for  said  city, 
shall  meet  together  and  appoint  a  city  engineer,  who  shall  hold  his 
office  for  the  term  of  four  years,  or  until  his  successor  shall  have  been 
Dutiesof  appointed  and  qualified,  and  whose  duty  it  shall   be  to  perform  all 

Engineei . 

the  duties  heretofore  required   of   the  city   surveyor,  not   in  conllict 

with  this  act;  all  civil  engineering,  and  any  duty  that  may  be  requir- 
ed of  him  by  said  board,  or  by  said  board  of  water  commissioners, 
or  by  any  resolution  or  ordinance  of  the  common  council;  and  he 
shall  devote  his  entire  time  to  the  performance  of  his  official  duties. 
The  members  of  said  board  of  public  works  and  of  said  board  of 
Compensa-        water  commissioners  may  jointly  fix  the  compensation  of  said  engi- 

t ion.  etc. 

neer  and  of  such  assistants  as  may  be  authorized  by  them;  and  who 
shall  be  appointed  by  them,  on  the  nomination  of  the  engineer;  and 
they  shall  determine  the  portion  of  such  compensation  to  be  paid  by 
the  city,  subject  to  the  approval  of  the  common  council,  and  the  por- 
tion to  be  paid  by  the  board  of  water  commissioners;  and  they  shall 
also  make  such  general  regulations  that  the  duties  of  said  engineer 
and  assistants,  in  respect  to  the  requirements  of  said  boards  respec- 
tively and  the  city  generally,  shall  not  conflict.     They  may  remove 

Removal  of 

Engineer,  etc.  any  0f  sai(j  assistants  at  any  time,  and  may  remove  the  city  engineer 
for  incapacity,  neglect  of  duty,  or  any  of  the  causes  for  which  the  city 
controller  might  be  removed  from  office  by  the  common  council. 

(S  311.)     Sec.  3.     Any  one   of  the   said  board  of  public  works, 

No  member  Of  V3  '  J 

a^mhiationeto  wJl0  snall>  during  his  term  of  office,  accept  or  hold  any  office,  elected 

fin  elective 

office.  by  the  people,  or  who  shall,  during  his   term   of  office,  be   publicly 

nominated  for  any  office  elected  by  the  people,  and  shall  not,  within 
ten  days  succeeding  the  same,  publicly  decline  the  said  nomination, 
shall  be,  in  either  case,  deemed  thereby  to  have  resigned  his  position 
and  to  have  vacated  his  office. 


LAWS    RELATING   TO    THE    CITY    OF    DETROIT.  l6l 

BOARD  OF  PUBLIC  WORKS.  CHAPTER  15 


(S  312.)     Sec.  4.     The  board  of   public   works  shall   prepare,   as  Board  shall 

°  '  prepare  general 

soon  as  may  be,  a  general  plan  of  laying  out  into  streets  and  alleys,  ^alley^wifli- 

.  in  city  limits. 

all  such  portions  of  the  territory  now  or  hereafter  lying  within  the 
corporate  limits  of  the  city  as  shall  not  already  be  laid  out,  approved 
and  platted  at  the  time  of  the  taking  effect  of  this  act;  or  without  the  city^iiniits,  and 

within  two 

city  limits,  and  within  two  miles  thereof,  when  directed  by  the   com-  milesof  same. 
mon  council,  and  may  enter  upon  land  for  that  purpose.      If  approv- 
ed, they  shall  endorse  their  approval  on  all  plats   of   such  streets  and 
alleys,  and  no  private  plan  shall  be  allowed  or  permitted  which  does  Private  plans 

shall  conform 

not  conform  thereto,  and  no  plat  shall  hereafter  be  recorded  or  be  of  any  thereto, 
validity,  unless  before  such  record  the  approval  of  said  board  shall  be  No   lats  valid 

.  or  permitted  to 

duly  endorsed  thereon.*     Before  accepting  and  approving   any   such  be  recorded 

unless  approved 

plat,  the  said  board  of  public  works  shall  require  that  there  be   filed  by  Board. 
in  their  office  a  certificate  from  the   proper  authorities,  showing  that  certificate  that 

taxes  are  paid 

all  back  taxes  on  property  included  in  said  plat  shall  have   been   paid  to  be  filed, 
in  full.     Said  board  shall  not  have  power  to  change  such  plats  when  „. 

1  or  Plats  may  be 

once  approved  and  adopted  by  them,  unless  authorized  so  to  do  by  a  thr^fourths 

vote  of   council. 

resolution  of  the  council,  passed  by  a  three-fourths  vote  of  the  mem- 
bers elect;  Provided,  That  all  streets  and  alleys  shall  be  laid  out   so  streets  and 

J  alleys  to  con- 

aS  to  conform  as  nearly  as  may  be  to  the  lines  of  streets  and  alleys  \°^  oprei 

now  opened.     (As  amended  by  Act  approved  April  18,  1883.) 

(§  313.)     Sec.  5.     They  shall  establish  a  system  of  grades  for  all  To  est.lbHsh  a 
streets  and  alleys  within  said  corporate  limits,  and  when   once   estab-  grades, 
lished,  no  grade  shall  be  changed  except  by  resolution  of  the  council, 
as  above  provided 

(3  :>14.)    Sec.  8.     They  shall  establish  a  system  of  sewers  for  the  .  , 

J  J  A  system  of 

entire  city,   and  cause  to  be   designated  on  said  plats  the  streets &e 
through  which  the  same  are  to  be  constructed;  and   no  street  shall  be 
paved  until  the  sewer  to  be  constructed  through  the   same   shall  be 

♦Note  12  Appendix. 


\62 


LAWS    KKI.AT1NV,    To     1111.    CITY    OF    DKTROIT. 


Ch  \i'i  i  k  15. 
Proviso. 


HOARD  Ol     ri  in  u 


completed  so  far  as  the  pavement  is  to  extend;  Provided,  That  all 
sewers,  water  pipes,  gas  pipes,  and  all  connections,  be  made  and  com- 
pleted at  least  one  year  before  such  paving  is  ordered  to  be  done. 


Connections 
ti  i  be  made. 


(£  815.)  Sec.  7.  Said  board  may  require,  before  any  street  is 
paved,  that  the  gas  pipe  shall  be  laid  therein  and  connections  made 
to  the  curb  in  front  of  each  lot.  If  any  gas  company  refuses  to  lay 
said  pipe  when  required  by  said  board,  they  may  prohibit  the  laying 
of  such  pipe  in  such  street  after  the  street  is  paved. 


1  hities  of 
Board  as  to 
grading,  etc. 
of  streets. 


Proviso. 


Erection  of 
lamp  posts. 


(§  316.)  Sec.  8.  The  board  of  public  works  shall  supervise  the 
grading  and  paving  of  all  streets,  avenues,  alleys  and  public  grounds  ; 
the  cleaning,  working,  repairing  and  improving  of  all  streets, 
avenues,  alleys  and  public  places,  and  also  the  construction,  alttring 
and  repairing  of  public  wharves,  docks,  bridges,  culverts,  receiving 
basins,  sewers  and  water  courses  within  said  city;  the  improvement 
and  ornamentation  of  all  parks  and  public  grounds  within  the  city; 
Provided,  That  this  act  shall  not  be  construed  so  as  to  repeal  an  act 
entitled  "an  act  supplementary  to  the  charter  of  the  city  of  Detroit, 
relating  to  a  public  park  or  other  public  grounds  for  the  use  of  said 
city,"  approved  April  15,  1871,  and  the  acts  amendatory  thereof,  or  in 
any  way  interfere  with  any  of  the  powers  or  duties  of  the  board  of  park 
commissioners  in  relation  to  any  park  or  public  grounds  laid  out  or 
established  by  virtue  of  said  acts;  the  laying  of  all  gas  or  water  pipes 
through  any  street  or  alley;  the  construction  of  all  sewers  and  drains; 
and  no  person  shall  make  any  connection  therewith  without  the  con- 
sent of  said  board,  and  under  such  general  rules  and  regulations  as 
the  board  may  adopt.  Said  board  shall  also  have  the  supervision  and 
the  control  of  the  erection  of  all  lamp  posts,  and  may  order  the  erec- 
tion of  the  same  at  such  places  as  the  same  may  from  time  to  time  be 
needed. 


LAWS   RELATING   TO   THE    CITY   OF   DETROIT.  163 

BOARD  OF  PUBLIC  WORKS.  CHAPTER    15 


(§  317.)     Sec.  9.     It  shall  supervise  the  laying  down  of  all  side-  Sidewalks,  etc. 
walks  and  crosswalks;  the  construction  of  all  vaults  under  any  por- 
tion of  said  streets;  the  erection  of  all  public  buildings  and  works  of  Construction 

•  of  public 

the  corporation,  or  any  board  thereof,  within  or  without  the  city,  ex-  buildings. 
cepting  such  buildings  and  works  as  may  by  law  be  under  the  super- 
vision of  the  board  of  water  commissioners,  and  may  stop  the  work 
thereon  when  the  same  is  not  being  done  according  to  the  contract 
thereof;  Provided,  however,  That  this  clause  shall  not  be  construed  proviso 
to  give  the  board  any  right  to  interfere  or  change  the  plans  or  speci- 
fications of  such  buildings  or  works,  nor  authorize  them  to  demand 
any  variation  therefrom. 

(g  318.)     Sec  10.     When    the   construction  of  any  building  or 

Power  to 
work  of  the   corporation   shall   require   peculiar   skill,   the   common  employ  skilled 

workmen  in 

council  may,  by  resolution,  authorize  the  board  to  employ  a  compe-certain  cases- 
tent  person  to  superintend  the  same  at  a  compensation  not  exceeding 
a  sum  to  be  stated  in  said  resolution. 

(2  319.)     Sec.  11.    The  board  of  public  works  shall  have  the  en- 
Duties  of 

tire  charge  and  control  of  the   street   cleaning,  repairs  of  paving,  and  B?l[.d  In 
building  of  wooden  crosswalks  in  the  city  of  Detroit.     They  shall  ad-|tc?C 
vertise,  in  the  month   of   February  of  each  year,   for  proposals   for 
cleaning  and  working  the  streets,  alleys  and  public  places,  repairing 
paved  streets  and  crosswalks  and  the  building  of  wooden  crosswalks 
ior  the  term  of  one  year.      For  this  purpose  they  may  receive  propo- 
sals for  the  whole  of  the  above  mentioned  work,  or  may  receive  pro- 
posals for  doing  the  same  by  wards   or   districts,  as  they   may   deter- 
mine; and  they  shall  let  the  work  to  the  lowest  responsible   bidder, 
who  shall  give  adequate  security  for  the  performance  of  his  contract; 
Provided:  That  they  may  reject  all  the  proposals  made.     The  board  proviso, 
shall  not  change  the  boundaries  of  said  district  after  advertising  as 
above  provided.     If,  in  their  opinion,  the  interests  of  the  city  require, 
they  may  employ  laborers  to  clean  and  work  the  streets  by  the  day  or 


"M 


LAWS    KK1.ATIW.    TO    Till';    CITY   OK    DETROIT. 


Chapter  i">. 


r<>  repoi  t 
estimates. 


BOARD  in    PUBLIC  WORKS. 


Repairing 
public  wharves 


Assessments 
for  cleaning 
and  repairing 

streets. 


mouth,  as  they  may  deem  best.  The  board  of  public  works  shall  re- 
port to  the  controller  of  the  city  of  Detroit,  in  the  month  of  February 
of  each  year,  au  estimate  of  oach  of  the  sums  required  for  working  or 
Gleaning  of  streets,  repairs  of  paved  streets  and  crosswalks,  building 
of  wooden  crosswalks  in  each  ward  of  the  city  of  Detroit;  also  for  the 
repair  or  construction  of  public  wharves,  docks,  bridges,  platforms, 
culverts,  receiving  basins,  sewers,  public  drains,  buildings,  lamp 
posts,  and  drinking  or  ornamental  fountains,  erected  by  the  city  or 
said  board,  and  of  all  the  public  works  to  be  carried  on  under  their 
supervision  during  the  fiscal  year,  or  for  any  other  of  the  purposes  for 
which  money  may  be  expended  under  the  provisions  of  this  act.  The 
sum  required  for  each  ward  for  working  or  cleaning  of  streets,  re- 
pairs to  street  pavements  or  crosswalks,  shall  be  levied  and  assessed 
as  the  present  ward  road  tax  is  assessed,  in  accordance  with  the  char- 
ter and  ordinances  of  the  city  of  Detroit.  (As  amended  by  Act  ap- 
proved April  18,  1883.) 


...    .  (3  320.)     Sec.  12.     When   any   public   improvement,   except  the 

All  public  lm-  v.    "      •/  J     i  r  i 

be°firsTreferred  opening  of  public  streets,  or  public   work   is   proposed,   the   common 

to  the  Board. 

council  shall,  before  proceeding  with  the  same,  refer  the  matter  to 
said  board  of  public  works,  and  the  board  last  named  shall  forthwith 
proceed  to  examine  the  same,  and  shall,  as  soon  as  practicable,  report 
thereon  to  the  common  council,  giving  detailed  estimates  of  the  costs 
of  such  works  or  improvements,  if  any  costs  there  will  be,  and  shall 
make  such  recommendation  as  said  board  of  public  works  may  deem 
expedient.* 


Power  to 

employ 
Superintend- 
ents, etc. 


(§  321.)  Sec.  13.  The  said  board  shall  have  power  to  employ 
superintendents,  clerks,  surveyors,  a  secretary,  and  and  such  other 
persons  as  may  be  necessary  to  enable  them  to  perform  their  duties 
under  this  act,  and  to  specify  the  duties  of  such  persons  so  employed,. 


*Xote  13  appendix. 


LAW?    RELATING   TO   THE   CITY   OF   DETROIT.  165 

BOARD  OF  PUBLIC  WOKKS.  CHAPTER  15 


and  to  fix  their  compensation,  as  shall  be,  from  time  to  time,  deter- 
mined by  the  council,  and  shall  have  power  to  adopt  such  rules  and 
regulations  for  its  own  and  the  government  of  its  employes  as  they 
may  deem  necessary  and  expedient  to  effect  the  purposes  of  its  or- 
ganization, and  also  to  remove  any  person  so  appointed  at  its  pleasure. 

(§322.)    Sec.  14.    All  work  done  under  the  supervision  of  said  by  Board  to  be 

reported  to 

board  shall  be  reported  to  the  common  council  from  time  to  time,  and  council. 

no  money  shall  be  paid  out  of  the  treasury  on  account  of  any  work  so  No  moneys  to 

,  be  paid  out 

done  until  the  common  council  shall  have  instructed  the  controller  to  except  on 

warrant  of 

draw  his  warrant  therefor.  Controller. 

(§  323.)     Sec.  15.      Said   board  shall   also   exercise   such  other 

Other  powers. 

powers  and  perform  such  other  duties  in  the  superintendence  and 
construction  of  public  works,  improvements  and  repairs  constructed 
•by  authority  of  the  council,  or  owned  by  the  city,  as  the  council  may 
from  time  to  time  direct. 


(§  324.)     Sec.  16.     It  shall  be  the  duty  of  said  board   to  classify  Classifying 

of  work,  etc. 

or  divide  the  various  works  or  interests  under  their  control  into  de- 
partments, as  far  as  may  be,  and  keep  an  accurate  account  of  the 
costs  of  each  branch,  showing  the  amounts  expended  for  original  im- 
provements or  construction,  and  the  amounts  for  repairs,  superin- 
tendence and  other  expenditures,  exhibiting  the  source  of  expendi- 
ture; and  it  shall  be  the  duty  of  the  said  board  to  make   a  report  to  Anr>uai  report 

1  of  Board. 

the  common  council  of  said  city  annually,  in  the  month  of  June, 
which  shall  embrace  the  said  expenditure  of  the  different  branches  or 
departments  of  work  under  their  control,  and  the  said  report  shall 
also  embrace  a  statement  of  the  condition,  progress  and  operation  of 
the  works;  and  the  said  board  shall  also  have  charge  and  control  of  Control  of 

streets,  parks, 

the  streets,  parks  and  public  grounds  of  said  city,  and  may,  by  printed  etc- 
•rules  and  orders,  approved  b}  the  common  council,   regulate   the   use 


1 66 


i.wvs    RELATING    XO    I'm.   CITV   OF    DETROIT. 


Ch  \ri  i  k  15. 


l'io\  ISO. 


BOARD  'M    PI   13]  It     wen;  k  3. 


Members  of 
Board  not  to 
interested  in 
contracts. 


Removal   of 
members. 


Grading  and 
paving;  how 
done. 


Erection  of 

public 
buildings. 


of  the  same,  and  pn>\  Lde  for  planting  ornamental  trees  therepn;  Pro- 
vided,  That  nothing  herein  shall  be  construed  to  authorize  said  board 
to  devote  any  more  of  a  public  street  to  ornamental  trees  than  such  as 
is  not  required  or  used  for  road  and  sidewalk  purposes.  (As  amended 
by   Act    approved  April  18,  1883.) 

(§  325.)  Sec.  17.  No  member  of  said  board  shall  be  interested, 
either  directly  or  indirectly,  in  an}r  contract  entered  into  by  them  with 
any  other  person;  uor  shall  they  be  interested,  either  directly 
or  indirectly,  in  the  purchase  of  any  material  to  be  used 
or  applied  in  and  about  the  uses  and  purposes  contemplated 
by  this  act.  Any  member  of  said  board  may  at  any  time  be  re- 
moved by  a  vote  of  two-thirds  of  the  members  elected  to 
the  common  council  of  said  city  for  sufficient  cause,  and  the  proceed- 
ings in  that  behalf  shall  be  entered  in  their  journal;  Provided,  That 
the  said  common  council  shall  previously  cause  a  copy  of  the  charges 
prepared  against  such  member  sought  to  be  removed,  and  notice  of 
the  time  and  place  of  hearing  the  same,  to  be  served  on  him  ten  days 
at  least  previous  to  the  time  so  assigned,  and  opportunity  to  be  given 
him  to  make  his  defense. 

(§  326.)  Sec.  18.  The  paving  and  grading  of  all  streets,  alleys 
or  public  places,  ordered  by  the  common  council,  shall  be  done  under 
the  supervision  of  the  board  of  public  works,  and  upon  contracts  and 
under  specifications  to  be  prepared  by  such  board  and  aproved  by  the 
common  council;  and  all  moneys  appropriated  by  the  common  coun- 
cil for  such  purposes  shall  be  expended  by  the  said  board,  and  paid 
from  the  appropriate  fund  provided  by  the  common  council  therefor. 
In  the  erection  of  public  buildings  aud  paving  of  streets,  and  con- 
struction of  sewers,  the  board  shall  advertise  for  proposals  to  execute 
the  work  according  to  plans  aud  specifications,  and  the  board  may 
contract  with  the  lowest  responsible  bidder;  Provided,  It  shall  be  at 
their  option  to  reject  all  proposals  made. 


UWS   RELATING   TO   THE   CITY   OF   DETROIT.  167 

BOARD  OF  PUBLIC  WORKS,  CHAPTER  15 


(g  327.)    Sec.  19.     Said  board  shall  have  power  to  issue   permits  Permit  to  use 

streets 

for  building  and  for  use  of  the   highways   for   such   purposes,  under  temporarily. 

such  regulations  as  the  common  council  may  prescribe   by   ordinance. 

Before  any  building  shall  be  used  or  occupied  as  a  place  of  amuse-  inspection  of 

buildings,  etc. 

ment  or  for  any  kind  of  public  gatherings,  excepting  churches,  a  per- 
mit from  said  board  shall  be  obtained,  which  shall  not  be  granted  un- 
til said  board  shall  be  satisfied  that  such  building  is  safe  in  its  con- 
struction for  such  use,  and  as  to  facilities  for  ingress  and  egress,  in 
case  of  fire  or  accident.     Any  person   using  or   permitting  any   build-  Penalty  for 

allowing 

ing  to  be  used  for  such  purpose,  without  first  having  obtained  such  per-  building  to  be 

used  without 

mit  from  said  board,  shall,  on  conviction,  be  punished  by  a  fine  not  ex-  Permit- 
ceeding  one  thousand  dollars,  or  by  imprisonment  not  exceeding  six 
months  in  the  Detroit  house  of  correction,  or  by  both  fine  and  impris- 
onment in  the  discretion  of  the  court. 

(§  328.)     Sec.  20.  •   The  offices   of  street  commissioners,   over-  offices 

abolished. 

seers  of  highways,  city  surveyor,  the  board  of  sewer  commissioners, 
commissioners  on  plan  of  the  city,  and  all  other  officers  whose  duty  is 
to  be  performed  by  the  board  of  public  works,  are  hereby  abolished 
from  and  after  the  third  Tuesday  of  January,  1874. 

(§  329.)    Sec.  21.     Said  board  shall  have  power  summarily  to  re- 

Removal  of 

move,  or  cause  to  be  removed  or  torn   down,  all   dangerous  walls  or  structures 

°  liable  to  fall. 

other  structures  that  may  be  liable  to  fall  into  any  street,  alley  or 
public  place,  or  otherwise,  so  as  to  eudanger  life  or  property. 


CHARTER   OF   THE   CITY  OF   DETROIT.  l68rt 

BOARD    OF   PUBLIC    WORKS.  CHAPTER    15 


ISSUING  OF  BONDS  FOR  CONSTRUCTING  PUBLIC  SEWERS. 

An  Act  to  authorize  the  city  of  Detroit,  county  of  "Wayne,  State  of 

Michigan,  to  issue  bonds  for  the  purpose  of  constructing 

public  sewers  in  said  city. 

(I  329«.)     SECTION  1.      The  People  of  the  State  of    Michigan,  enact, 
That  the  common  council  and  the  board  of  estimates  of  the  city  of  Authorized  to 

J  borrow  money. 

Detroit,  county  of  Wayne,  State  of  Michigan,  be  and  are  hereby  author- 
ized and  empowered  to  borrow  money  on  the  faith  and  credit  of  said 
city,  and  to  issue  bonds  therefor  to  an  amount  not  to  exceed  one  million 
dollars,  pledging  the  faith  and  credit  of  said  city  of  Detroit  for  the 
payment  of  the  principal  and  interest  of  the  same,  which  money  shall 
be  expended  for  the  construction  of  public  sewers  in  the  said  city  of 
Detroit:  Provided,  That  a  majoritjr  of  the  qualified  electors  of  the  proviso, 
said  city  of  Detroit,  voting  at  any  regular  charter  election  in  said  city, 
shall  vote  in  favor  of  such  loan:     And  provided  also.  That  at  any  one 

J  Proviso. 

election  the  amount  so  voted  shall  not  exceed  the  sum  of  five  hundred 
thousand  dollars. 

(§  329/'.)     Srcc  2.     If  such  loan  shall  be  authorized  by  a  majority 

of  such  electors,  said  bonds  shall  be  issued  in  such  sums,  not  exceed-  bonds. 

mg  the  amount  hereinbefore  limited,  and  payable  at  such  times  and 

with  such  rate  of  interest,  not  exceeding  four  per  cent  per  annum,  as 

said  com -non  council  and  said  board  of  estimates  shall  direct,  and  shall 

be  payable  in  not  less  than  five  nor  exceeding  fifty  years   from  date. 

They  shall  be  issued  under  the  seal  of  the  city,  signed  by   the  mayor, 

and  countersigned  by  the  controller,  and  said  bonds  shall  be  denomi- 

IIow  denom 
nated  "Public  sewer  bonds  of  the  city  of  Detroit/'  and  shall    be   regu-  inated- 


CH  \kti  k    OF    XHU    CIT\'   <)!•    DETROIT. 


BOARD    O]      PI    li]  U      u  OK  K.S. 


larlv  dated  and  numbered  in  the  order  of  their  issue,  and  shall  be  of 
such  denomination  as  said   common  council  and  said   hoard  of  esti- 

lOt 

be  sold.  mates  shall  direct.     Said  bonds   shall    not    be   negotiated   at   less  than 

their  par  value. 

,uerto  (§  329c.)     Sec.   3,     The  controller  shall  keep  an  accurate  record 

keep  record 
of  bonds.  of  said  bonds,  showing  the  class  of  indebtedness  to  which  they  belong, 

the  number,  date,  and  amount  of  each  bond,  its  rate  of  interest,  when 
and  where  payable,  and  the  person  to  whom  it  was  issued.  The  pro- 
ceeds of  said  bonds  shall  be  paid  to  the  city  treasurer  and  be  credited 
to  the  "public  sewer  fund,"  and  be  applied  exclusively  to  the  purposes 
for  which  said  fund  is  constituted  as  above. 

This  act  is  ordered  to  take  immediate  effect. 

Approved  June  30,  1891. 


CHAPTER  XVI. 


BOARD   OF   FIRE   COMMISSIONERS. 

An  Act  to  create  a  Fire  Commission  iu  the  City  of  Detroit. 
Approved  March  18,  1801. 

(J   830.)     SECTION  1.        The  People  of  the  State    of   Michigan  enact,  Fire  Com- 
mission con- 
That  all  powers  and  duties  connected  with  and  incident  to  the  govern-  stitnted. 

ment  and   discipline  of  the  fire  department  of  the  city  of  Detroit  shall 

be,  as  hereinafter  more  especially  provided,   vested   in  and  exercised 

by  a  board,  composed  of  four  commissioners,   a  majority  of  whom 

shall  constitute  a  quorum  for  the  transaction  of  business. 

(§  331.)     Sec.  2.  ■  There   are  hereby  appointed  as  such  commis-  Commissioners 

and  terms  of 

sioners  Theodore  H.  Hinchman,  who  shall  hold  his  term  of  office  un-  office- 
til  the  first  day  of  April,  eighteen  hundred  and  seventy-one;  William 
Duncan,  who  shall  hold  his  term  of  office  until  the  first  day  of  April, 
eighteen  hundred  and  seventy-two;  Lucretius  H.  Cobb,  who  shall 
hold  his  term  of  office  until  the  first  day  of  April,  eighteei  hundred 
and  seventy-three;  and  Benjamin  Vernor,  who  shall  hold  his  office 
until  the  first  day  of  April,  eighteen  hundred  and  seventy-four;  and 
every  commissioner  appointed  at  the  end  of  said  terms  shall  hold  his 
office  for  four  years,  or  until  his  successor  is  appointed,  except  in 
cases  of  death,  resignation  or  removal;  and  all  successors  shall  be  ap- 
pointed by  the  common  council  on  the  nomination  of  the  mayor. 

(S  332.)     Sec  3.     Any  member   of  said  board  of   commissioners  Council  may 
Vi5  '  remove  Com- 

may  at  any  time  be   removed  by   a  vote  of  two-thirds  of  the  mem-  missIoners- 
bers  elect  of  the  common  council  of  said  city,  for  sufficient  cause,  and 


i.aws    RELATING    TO   Till'.   CITY    OE    DETROIT. 


Chapter  16  boar fire  commissioners. 


the  proceedings  in  that  behalf  shall  be  entered  on  the  journal:  Pro- 
vided,  That  the  said  common  council  shall  previously  cause  a  copy 
of  the  charges  preferred  against  such  member  sought  to  be  removed, 
and  notice  of  the  time  and  place  of  hearing  the  same,  to  be  served  on 
him  ten  days  at  least  previous  to  the  time  so  assigned,  and  opportuni- 
ties he  given  him  to  make  his  defense  personally  and  by  counsel. 

Qualification  (g  333.)     Sec  4.    Immediately  after  their  appointment,  such  com- 

of  C  ommission-  '  r 

missioners  shall  meet  in  the  office  of  the  city  controller  of  the  city  of 
Detroit,  and  rile  with  the  controller  the  oath  of  office  prescribed  for 
the  city  officers,  and  the  controller  shall  give  to  each  a  certificate  of 
appointment  for  the  respective  terms  of  office  aforesaid. 

Organization  (§  334.)     Sec.  5.      Said  commissioners,   on  being  qualified,  shall 

of  Board. 

meet  and  organize  by  electing  one  of  said  commissioners  to  be  presi- 
dent, and  appointing  a  person  to  be  secretary;  whereupon  they  shall 
possess  and  have  the  power  and  authority  conferred  upon  or  possessed 
by  any  and  all  persons  in  the  city  of  Detroit  for  the  prevention  and 
extinguishment  of  fires,  and  to  the  exclusion  of  all  such  persons,  to- 
gether with  such  other  powers  and  duties  in  said  city  as  are  herein- 
after conferred. 

„  (S  335.)     Sec.  6.     Such  commissioners  shall   take  and   have,  as 

Powers  and  "  ' 

name  o  Board.  provi(ie(j  Dy  tliis  act,  control  and  management  of  all  officers,  men, 
property,  measures,  and  action  for  the  prevention  and  extinguishment 
of  fires  within  the  said  city,  to  be  organized  as  herein  provided,  and 
to  be  known  as  the  "  fire  commission  of  the  city  of  Detroit." 

To  have  entire  (§  336.)    Sec.  7.     The  said  fire  commission  is  hereby  empowered 

control  of  the 

extinguishment  an(j  directed  to  possess  and  exercise  fully  and  exclusively  all  the 
powers  and  perform  all  the  duties  for  the  government,  management, 
maintenance,  and  direction  of  the  fire  department  of  the  city  of  De- 
troit, and  the  premises  and  property  thereof,  which  at  the  time  of  the 
organization  of  said  commission  were  possessed  by  or  under  the  con- 


LAWS   RELATING   TO   THE   CITY   OF    DETROIT.  171 

BOARD  OF  FIRE  COMMISSIONERS.  CHAPTER    16 


trol  of  the  common  council  of  said  city,  and  the  officers  of  the  fire  de- 
partment of  said  city  or  the  officers  or  employes  of  said  city;  said 
powers  and  duties  to  be  performed  and  exercised  and  said  property 
used  in  the  said  city  or  otherwise,  as  hereinafter  provided.  And  the 
said  commission  shall  hereafter  have  sole  and  exclusive  power  and 
authority  to  extinguish  fires  in  said  city  of  Detroit,  and  all  acts  con- 
ferring upon  any  other  officer  and  officers  any  power  in  relation  to 
extinguishment  of  fires  in  said  city,  are  hereby  repealed. 

(§  337.)     Sec.  8.     It  shall  be  the   duty  of  the  board  of  commis- 

Board  to  pro- 

sioners,  subiect  to  the  provisions  of  this  act,  to  provide  in  and  for  said  vicle  a11 

'  necessary 

city  all  needed  supplies,  horses,  tools,  implements,  engines,  and  ap-  appara  l 
paratus  of  all  kinds  for  the  extinguishment  of  fires;  to  provide  fire 
telegraphs,  to  select  suitable  locations  for  engine-houses,  reservoirs, 
and  fire-hydrants,  and  to  buy  and  sell  the  same  in  their  discretion;  and 
also  to  construct,  repair  and  maintain  engine-houses,  reservoirs  and 
fire-hydrants,  as  they  shall  judge  best,  when,  and  so  long  as  the  con- 
struction, repairs,  and  maintenance  thereof  are  not  otherwise  by  law 
committed  to  another  board,  and  to  take  all  such  actions  in  the  prem- 
ises as  may  be  necessary  and  proper  for  carrying  into  effect  the  duties 
herein  required. 

(g  338.)     Sec.  9.     The   commission  hereby  created  is  hereby  em  •  To  control  all 
powered  and  directed  to  possess  and  exercise  full  and  exclusive  power  taining  to  fire 

department. 
;tnd  discretion  for  the  government,  management,  and  direction  of  the 

several  buildings,  premises,  and  property,  and  appurtenances  thereto, 

and  all  apparatus,  hose,  implements,  and  tools   of  any  and  all  kinds, 

which,  at  the  time  of  the  appointment  of  the  commissioners  aforesaid, 

shall  be  under  the  charge  and  control  of  any  and  all  city  officers,  or 

officers  of  the  fire  department  in  said  city,  for  the  use  and  benefit  of 

the  fire  department  of  the  city  of  Detroit;  and  it  shall  be  the  duty  of 

any  and  all  persons    in    possession    of   any   property,  real  or  personal 


172 


LAWS    RK1.AT1.W.    TO    Till-    CITY    OF    DlvTkoiT 


Chapter  16. 


BOARD  OI   iiki    COMMISSIONERS, 


\        it  ion  of 
office. 


Annual 
financial 
estimate. 


Name  of  fund. 


belonging  to  or  set  apart  tor,  or  in  use  by  or  for  the  Are  department  of 
said  city,  to  deliver  the  same  to  the  possession  and  control  of  the  said 
commission. 

(ij  ;!:>!).)  Sec.  10.  Any  one  of  said  commissioners  shall  be  con- 
sidered as  vacating  his  term  of  office  in  the  event  of  his  accepting  or 
holding  any  political  office,  and  any  commissioner  who  shall,  during 
the  term  of  his  office,  be  publicly  nominated  for  any  office  elective  by 
the  people,  and  shall  not  decline  the  said  nomination  within  ten  days 
succeeding  notice  of  the  same,  shall  in  either  case  be  deemed  to  have 
vacated  his  office. 

(§340.)  Sec.  11.  It  shall  be  the  duty  of  the  commissioners  to 
prepare  and  submit  to  the  common  council  on  or  before  the  first  day 
of  May  in  each  year,  an  estimate  of  the  whole  cost  and  expense  of 
providing  for  and  maintaining  the  fire  department  of  said  city,  within 
the  current  fiscal  year,  which  estimate  shall  be  in  detail,  specifying 
the  objects  of  expenditure,  the  sums  desired  for  each,  and  the  reasons 
for  the  same.  Such  estimates,  or  so  much  thereof  as  the  common 
council  shall  approve,  shall  be  submitted  to  the  approval  of  the  citi- 
zens of  said  city,  at  a  meeting  required  by  law  for  the  approval  of 
certain  annual  taxes  voted  by  said  common  council;  and  so  much  of 
said  estimates  as  shall  be  approved  by  said  citizens'  meeting  shall  be 
placed  upon  the  general  or  other  proper  assessment  rolls,  and  shall  be 
assessed,  levied,  and  collected  the  same  as  other  city  taxes.  Said 
money,  when  collected,  shall  be  paid  into  the  city  treasury,  and  shall 
be  styled  the  "Detroit  fire  commission  fund,"  and  shall  be  drawn  out 
therefrom  for  the  purpose  of  said  commission.  Under  the  fiscal  regu- 
lations established  by  this  act,  the  city  treasurer,  for  the  time  being, 
is  hereby  appointed  treasurer  of  the  fire  commission  board,  who  shall, 
on  check  or  voucher,  duly  disburse  said  fund  by  order  of  such  com- 
missioners, for  the  purposes  of  this  act,  and  pay  over  to  the  treasurer 


LAWS   RELATING   TO   THE    CITY   OF    DETROIT.  173. 

BOARD  OF  FIRE  COMMISSIONERS.  CHAPTER    16 


appointed  by  said  commissioners  for  disbursement  under  their  direc- 
tion. 

(§341.)    Sec.  12.    All  moneys  hereafter  to  be  paid  to  auy  person  Money  paid 

only  on 

or  persons  out  of  the  fire  commision  fund  shall  be  certified  by  the  warrant. 
president  or  acting  president  of  said  commission  to  the  secretary,  who 
shall  draw  his  warrant  on  the  treasurer  therefor,  stating  therein  the 
fund  to  which  it  is  chargeable  and  the  person  to  whom  payable;  and 
such  warrant  shall  be  countersigned  by  the  president,  or  in  his  ab- 
sence by  the  acting  president  of  the  fire  commission;  and  the  city 
treasurer  shall  pay  such  warrant. 

Board  to  furnish 

(§  342.1     Sec  13.     Said  commissioners  shall  provide  such  offices  offices,  etc. 
and  business  accommodation  for  the  transaction  of  their  business,  and 
that  of  their  subordinates,  in  said  city   of  Detroit,  as   shall  be  neces- 
sary. They  shall  have  the  power  to  select  a  chief  and  one  or  more  as-  Chief  and 

assistant 

sistant  engineers,  together  with  engineers,  foremen,  drivers,  pipemen,  ensineers- 
firemen  and  such  other  officers  as  may  be   necessary  for  the  efficient  salaries. 
working  of  said  department,  and  to  fix  their   salaries;  Provided,  That 

Proviso. 

the  number  of  men  to  each  fire  engine  or  hook  and  ladder  company 
shall  not  exceed  twelve,  who  shall  discharge  such  duties  as  may  be 
designated,  and  be  at  all  times  under  the  control  of  and  subject  to  re- 
moval by  said  commissioners.  (As  amended  by  Act  approved  March 
15,  1882.) 

(§  343.)     Sec  14.    The  aforesaid   officers  and   men,   with  their  Fh-edepart- 

ment  to  have 

apparatus  of  all  kinds,  when  on  duty  shall  have  the  right  of  way  go-  right-of-way. 
ing  to  and  at  any  fire,  or  in  any  highway,  street  or  avenue,  over  any  and 
all  vehicles  of  any  kind,  except  those  carrying  United  States  mail;  and 
any  person  in  or  upon,  or  owning  any  vehicle,  who  shall  refuse  the 
right  of  way,  or  in  any  way  obstruct  any  fire  apparatus  or  any  of  Said 
officers  while  in  the  performance  of  duty,  shall  be  guilty  of  a  misde- 
meanor, and  be  liable  to  punishment  for  the  same. 


■74 


CAWS    RELATING    TO   THE   CITY   <>F   DKTROIT. 


Chapter  16. 


IOARD  01    l-'l  K  I'  i  OMMISSIONERS. 


All  proper!  j    i" 
bo  transferred 


(ij  344.)  Sec.  L5.  On  and  after  the  organization  of  the  commis- 
1  Bion,  all  real  estate,  lire  apparatus,  hose,  implements,  tools,  bells  and 
bell  towers,  tire  telegraph,  and  all  property  of  whatever  nature  then 
or  therefor  in  use  by  the  firemen,  or  fire  department  of  the  city  of 
Detroit,  belonging  to  said  city,  shall  be  transferred  by  all  persons  hav- 
ing charge  of  the  same  to  the  keeping  and  custody  of  the  fire  com- 
missioners hereby  created,  and  for  the  use  thereafter  of  said  commis- 
sioners; but  the  said  property  shall  remain  the  property  of  the 
mayor,  aldermen  and  common  council  of  the  city  of  Detroit,  subject 
to  the  public  uses  of  the  said  commissioners,  as  aforesaid,  and  for  the 
purposes  provided  by  this  act. 


No  compensa- 
tion to  Com- 
missioners. 


(g  845.)  Sec.  16.  Said  commissioners  shall  receive  no  compen- 
sation whatever  for  their  services,  but  all  persons  employed  by  them 
as  firemen  shall  be  exempt  from  military  and  jury  duty  w7hile  so  em- 
ployed. 


Legal  rights 
and  powers. 


Cisterns,  etc. 
transferred 
to  Board. 


(§  34G.)  Sec,  17.  The  commission  hereby  created  may  adopt  a 
common  seal  and  direct  its  use,  and  in  the  name  of  its  president  may 
institute  and  maintain  suits  and  proceedings  at  law  and  in  equity,  and 
may  pay  any  costs,  expenses  or  judgments  therein,  for  the  enforce- 
ment of  its  rights  and  contracts,  and  for  the  protection,  possession  and 
maintenance  of  the  property  under  its  control;  and  may  also,  in  like 
manner,  sue  for,  and  have  exclusive  right  to  recover,  the  fines  and 
penalties  mentioned  in  or  imposed  by  the  city  ordinances  for  the 
more  effective  prevention  of  fires  and  the  better  protection  of  life  and 
property  in  the  city  of  Detroit;  and  all  sum  recovered  shall  be  for  the 
benefit  of  the  funds  of  said  commission. 

(§  347.)  Sec.  18.  All  cisterns  and  fire-hydrants  belonging  to  or 
now  in  use  by  the  fire  department  of  the  city  of  Detroit,  are  hereby 
transferred  to  the  control  of  said  commission;  and  it  shall  be  com- 
petent for  said  commissioners  at  any  time,  in  their  best  judgment,  to 


LAWS   RELATING   TO    THE   CITY   OF    DETROIT.  175 

BOARD  OF  FIRE  COMMISSIONERS.  ClIAI'TER    16 


send  any  steam  fire  or  other  engine,  with  hose  and  apparatus,  to  the 
relief  of  any  community  in  the  vicinity  of  said  city. 

{',  348.)     Sec.  19.     The  office  of  fire  marshal,  as   now  existing  in  Power  to  send 

assistance  to 

said  city  of  Detroit,  is  hereby  declared  to  be  abolished  from  and  after  fires  in  vicinity, 
the  organization  of  said  commission,  and  the  duties   thereof   transfer- 
red to  the  person  who  shall   be   designated  therefor,  as  provided  in 
section  fourteen  (26)  of  this  act. 

(  349.)    Sec.  20.    All   acts   and   parts  of  acts  contravening  the  office  of  Fire 

Marshal  as  now 

provisions  of  this  act  are  hereby  repealed,  but   such  repeal   shall  not  existing 

abolished. 

take  effect  until  the  actual  organization  of  the  commission  hereby 
created;  And  provided,  That  nothing  herein  contained  shall  affect 
the  rights  of  the  corporation  known  as  the  fire  department  of  the  city 
of  Detroit,  organized  January  twentieth,  eighteen  hundred  and  forty, 
tinder  its  act  of  incorporation,  and  acts  amendatory  thereof. 

(2  350.)     Sec.  21.     Said  board  shall   have   power  to  adopt  such  Contravening. 

i  /.  acts  repealed. 

rules  and  regulations  for  the  government  of  the  force  created  by  this 
act,  as  they  shall  deem  fit  and  proper,  not  inconsistent  with  the  laws 
of  this  State,  and  the  violation  of  such  rules  and  regulations  shall  be 
sufficient  and  good  cause  for  dismissal  from  the  force. 

(§  351.)    Sec.  22.     The  board  of  commissioners   shall,  on  or  be- Rules,  etc.,  for 

government  of 

fore  the  first  Monday  in  April   in   each   year,   report,  in  writing,  the  *°rce  to  be  made 

by  Board. 

condition  of  the  fire  department  within  the  said  city  to  the  common 
council,  together  with  a  list  of  fires,  alarms,  losses  and  insurances  on 
all  property  destroyed  during  the  year. 

(§  8o2.)  Sec.  23,  The  common  council  of  Detroit  is  hereby  em- Annual  report. 
powered  and  directed  annually  to  order  and  cause  to  be  collected 
and  raised  by  tax  upon  the  estates,  real  and  personal,  subject  to  tax- 
ation according  to  law,  within  the  said  city  of  Detroit,  the  sums  of 
money,  as  aforesaid,  annually  estimated  for  the  said  total  expense  of 
the  said  fire  department,  authorized  by  this  act. 


1-6  CAWS   RELATING    TO   THE   CITY   OF  DETROIT. 


Chapter  IS.  board  ok  fiue  commissioners. 


Counciltoorder         |     353.)     Sec.  24.  The  books  and  accounts   kept  by   said   board 
U\  j  and  col* 

1  "x      shall  at  all  times  be  subject  to  the  inspection  of  the   mayor   and  con- 
fer l-  ire 

troller;  and  the  common  council  may,  at  any  time,  require  any  infor- 
mation respecting  the  same,  the  disclosure  of  which  will  not  impair 
the  usefulness  and  efficiency  of  the  fire  department. 

(§  354.)     Sec.  25.     This  act  shall  take  immediate  effect. 

(8  355.)    Sec.  26.     The  board  of  fire  commissioners  shall  nomi- 

Books,  etc., 

open  to  nate,  and  by  and  with  the  consent  of  the  common   council,   appoint  a 

inspection. 

fire  marshal  and  such  assistants  as  may  be  by  them  deemed  necessary, 
and  determine  their  salaries.  Said  fire  marshal  shall  act  under  di- 
rection of  the  fire  commission;  shall  hold  office  at  their  option,  and 
his  salary  shall  be  paid  from,  the  fire  department  fund.  The  fire 
marshal  shall,  by  virtue  of  his  office,  be  vested  with  the  powers  of 
policemen  in  said  city.  (As  amended  by  Act  No.  364,  session  laws  of 
1877.) 

Fire  Marshal  (§  356.)    Sec.  27.     The  fire  marshal  shall  be  present  at  all   fires 

appointment 

of,  etc.  in  said  city,  if  practicable;  shall,  when  necessary,   make   recommen- 

dations of  precautionary  measures  for  the  prevention  of  fires;  shall 
prevent  the  transportation  and  storing  within  the  city  limits  of  all 
explosive  oils,  naphtha,  benzine,  or  their  products,  under  whatever 
name;  fireworks,  fire-crackers,  powder,  nitro-glycerine,  dynamite,  or 
any  other  dangerous  substances,  excepting  only  in  such  quantities  as 
the  common  council  may  by  ordinance  designate;  and  he  shall  en- 
force all  ordinances  governing  the  same,  and  the  cleaning  of  chim- 
neys, and  perform  such  other  duties  as  the  fire  commission  may  di- 
rect.   (As  added  by  Act  No.  364,  session  laws  of  1877.) 

(g  357.)     Sec.  28.     The  fire  commission   shall   have   power,  sub- 

Certain  duties.    .ect  tQ  ^  approvai  0f  the  common  council,  to  agree  with  all  persons 

interested  in  private  property  as  to   the   compensation  for  taking  or 

using  the  same  for  public  use  or  benefit  by  said  board.     And  in  case 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT.  177 

HOARD  OF  HIRE  COMMISSIONERS.  CHAPTER  16 


no  agreement  can  be  entered  into,  the  board  shall  report  the  facts  to 
the  common  council,  together  with  a  description  of  the  property- 
necessary  to  be  taken,  aud  the  purposes  for  which  it  is  to  be  used;  and 
thereupon  the  common  council  may  direct  the  city  attorney  to  insti- 
tute proceedings  in  the  recorder's  court  of  said  city  to  condemn  said 
property.     (As  added  by  Act  No.  364,  session  laws  of  1887.) 

{\  358.)     Sec.  29.     Whenever  any  person  or  corporation  shall  be 

Erection,  etc., 

desirous  of  erecting  or  altering  any  building  within  the  fire  limits   of  of  buildings 

within  fire 

said  city,  he  or  they  shall  make  application  at  the  office  of  the  fire limits- 
marshal  for  a  permit  for  that  purpose,  and  shall  furnish  for  the  ex- 
amination of  said  marshal  a  written  statement  of  the  proposed  location, 
the  dimensions,  the  manner  of  constructing  the  proposed  building  or 
alteration,  the  material  to  be  used,  the  estimated  cost,  and  the  con- 
tract time  for  completion.  It  shall  be  the  duty  of  the  fire  marshal,  on 
receiving  such  application,  to  inspect  such  location,  the  plans  and 
specifications,  and  to  fully  examine  the  question  of  granting  such 
permit.  And  if  he  shall  be  satisfied  that  the  building  or  alterations 
proposed  will  comply  with  the  ordinances  of  the  city,  and  that  the 
erection  of  the  same  will  in  every  other  respect  be  proper,  he  shall, 
subject  to  the  approval  of  the  board  of  fire  commissioners,  give  such 
applicant  a  permit  therefore;  and  such  applicant  shall  pay  to  the^en"itand 
fire  marshal  the  sum  of  one  dollar,  if  the  estimated  cost  of  said  build- 
ing or  alteration  shall  be  less  than  one  thousand  dollars;  two  dollars 
if  it  shall  be  more  than  one  thousand  dollars  and  less  than  five  thous- 
and dollars;  and  for  every  additional  one  thousand  dollars  over  five 
thousand  dollars  the  further  sum  of  twenty  cents.  (As  added  by  Act 
.No.  304,  session  laws  of  1877.) 

(§359.)     Sec.  30.     It  shall  be   the   duty  of  the  fire  marshal  toPowersancI 

...  duties  of  Fire 

visit  and  inspect  each  house   or   building  which  may  be  in  the  course  Marshal  rela- 
tive to  build- 
of  construction,  erection  or  alteration   within   the   fire   limits  of  said  '"£*  in  course 

ot  erection,  etc. 

city,   and  to  see  that  such  house  or  building  is  being   erected,  con- 


17s  CAWS   RELATING    TO   Tin;   CITY   OF    DETROIT. 


Chapter  16  hoard  or  firi  commissioners, 


structed  or  altered  according  to  the  provisions  of  the  city  ordinances 
and  the  permit  so  granted,  and  in  a  manner  adapted  for  the  security 
thereof  against  fires,  and  the  safety  of  the  occupants.  Jlis  visits  of 
inspection  may  be  repeated  from  time  to  time  until  such  house  or 
building  is  completed,  when  lie  shall  furnish  the  owner  or  contractor 
with  a  certificate  that  said  house  or  building  is  in  all  respects  eon 
formable  to  law  and  properly  constructed,  and  all  such  certilicates 
shall  be  countersigned  by  the  president  or  acting  president  of  the  fire 
commission.  The  lire  marshal  shall  have  power  to  stop  the  erection, 
repair  or  alteration  of  any  building  or  shed  until  a  permit  is  given,  or 
during  the  progress  of  the  work,  if  the  same  is  not  deemed  safe,  or  if 
it  does  not  in  all  respects  comply  with  the  laws  and  ordinances  gov- 
erning the  same.  He  may  also  cause  the  removal  or  repair  of  any 
building,  shed,  smoke-stack,  chimney/,  boiler,  stove  or  other  beating 
appliance  that  is  not  considered  safe,  or  that  does  not  comply  with  the 
ordinances.     (As  added  by  Act  No.  3G4,  session  laws  of  1817.) 

(§  360.)     Sec.  31.      It  shall  be.  the  duty  of  the  fire  marshal  to  ex- 
Fire  Marshal 
to  examine         amine  into  the  cause,  circumstances   and   origin  of  all  fires  occurring 

into  origin  of 

testimony  aiui  in  said  city  by  which  any  building,  erection,  vessel  or  valuable  per- 
sonal property  shall  be  accidentally  or  unlawfully  burned,  destroyed 
or  damaged,  and  to  especially  inquire  and  examine  whether  such  fire 
was  the  result  of  carelessness  or  the  act  of  an  incendiary.  The 
said  fire  marshal  shall  take  the  testimony,  under  oath,  of  all  persons 
supposed  to  be  cognizant  of  any  facts  connected  with  such  fire;  such 
[said]  testimony  shall  be  reduced  to  writing,  and  shall  be  transmitted 
to  the  board  of  fire  commissioners,  together  with  a  report  by  the  fire 
marshal,  embodying  his  opinions  and  conclusions  regarding  the  same. 
The  fire  marshal  shall  also  report  to  the  superintendent  of  police,  to 
the  prosecuting  attorney  of  Wayne  county,  to  the  Detroit  board  of 
underwriters,  and  to  the  owners  of  the  property  or  other  persons  in- 
terested in  the  subject  matter  of  such  investigation,   any  facts  or   cir- 


CAWS    RELATING   TO    THE    CITY   OF    DETROIT.  179 

BOARD  OF  FIRE  COMMISSIONERS.  CHAPTER    16 


cumstances  which  he  may  have  ascertained  which  shall,  in  his  opinion, 
require  attention  from  or  by  any  of  said  officers  or  persons.  (As  added 
by  Act  No.  864,  session  laws  of  1877.  i 

(S  361.)     Sec.  32.     It  shall  be  the  duty  of  the  fire  marshal   to  in-  „.     w     ,    , 

v°  '  J  Y  ire  Marshal 

spect,  from  time  to  time,  all  buildings,    warehouses,  shops,  yards  and  warenousesletc! 
places  in  said  city  for  the  purpose  of  enforcing  the  ordinances  for  the 
prevention  of  fires,  the  protection  of  hoistways,  the  protection  of  life, 
and  the  inspection  of  chimneys;  and  in  the  performance  of  such  du- 
ties he  shall  have  the  right  to  enter  into   and  upon   private   property,  May  enter  upon 

private 

and  any  person  who  shall  refuse  or  obstruct  such  right  of  entry   shall  property. 
be  deemed  guilty  of  a  misdemeanor.     (As  added  by  Act  No.  364,  ses- 
sion laws  of  1877.) 

(S  362.)     Sec.  33.     The  common  council  may,  on  the  recommen-  „ 

V<J  J  -  '  Common 

„     ,        r-  ■  r   Ai  •     ^  i     i    Council  may 

dation  of  the  fire  commission,  or  of  the    property   owners   interested,  extend  fire 

limits. 

extend  the  fire  limits  over  all  such  portions  of  the  city  as  are  thickly 
settled,  and  over  such  other  parts  of  the  city  as  it  may  be  deemed 
necessary,  to  prevent  the  spread  of  fires.  The  common  council  shall 
also  adopt  ordinances  to  fully  carry  out  the  provisions  of  this  act. 
(As  added  by  Act  No.  364,  session  laws  of  1877.) 

(§  363.)    Sec.  34.    The  fire  commission  shall   see  that  all   ordi- 

Fire  Coili- 

aances  and  provisions  of   lawx  governing  the   prevention   and   extin-  mission  to  see 

to  enforcement 

guishment  of  fires  are  faithfully  enforced,  and  that  the  duties   of  the  ordnances. 

fire  marshal  are  properly   performed.     They   may   at   any   time   call 

upon  the  police  force  to  aid  them  in   the   enforcement  of   such    laws 

and  ordinances;  and  the  police   commission    and    police   force   shall,  p0nce  Force 

to  aid  them. 

when  requested,  promptly  render  such   service.      (As  added  by  Act 
No.  364,  session  laws  of  1S77. ) 

(^  364.)     Sec.  35.     The  lire   commission  shall    report  once   each  Reports  of 

Fire  Com- 
nionth  to  the  common  council,  giving  date  when,  names  and   amounts  missioners. 

of  all  moneys  collected  by  the  fire  marshal  for  permits  or  certificates; 


[8o  l.vws    RELATING    To   THE   CITS'   OF    DETROIT. 

CH4PTKH    16.  BOARD  01    PIKE  COMMISSIONERS. 


R<  pi  irt  of 

Fire  Marshal. 


Repealed. 


and  also  of  all  amounts  collected  for  penalties  on  information  given, 
or  complaints  made  by  him.  They  shall  also  report  all  moneys  re- 
ceived  for  the  sale  of  fire  department  property,  real  estate,  horses,  old 
hose  or  material  of  any  kind,  and  shall  cover  all  money  so  collected 
into  the  city  treasury,  monthly,  for  the  credit  of  the  fire  department 
fund.     (As  added  by  Act  No.  30-1,  session  laws  of  1877.) 

(§  365  )  Sec.  36.  On  or  before  the  fifteenth  day  of  February  in 
each  year,  it  shall  be  the  duty  of  the  fire  marshal  to  make  a  detailed 
report  of  all  business  transacted  in  his  office  during  the  year,  to  the 
fire  commission,  who  shall  embody  the  same  in  their  annual  report  to 
the  common  council.     (As  added  by  Act  No.  364,  session  laws  of  1877.) 

(§  366.)  Sec.  37.  That  portion  of  section  thirteen  of  the  act  ap- 
proved March  eighteen,  eighteen  hundred  and  seventy-one,  entitled 
"  an  act  to  create  a  fire  commission  in  the  city  of  Detroit,"  and  such 
other  portions  of  said  act  that  contravene  the  provisions  of  this  act, 
are  hereby  repealed.     (As  added  by  Act  No.  364,  session  laws  of  1877.)- 


LAW'S    RELATING   TO   THE    CITY   OF   DETROIT.  I  Si 

BOARD  OF  FIRE  COMMISSIONERS.  CHAPTER    16 


RELIEF    OF    DISABLED    FIREMEN. 

Au  Act  to  provide  for  the  retirement  of  aged  and  disabled  firemen 

and  the  payment  of  pensions  to  the  wives  and  children  of 

deceased  firemen  killed  in  the  service  of  the 

City  of  Detroit.     (Approved 

June  16,  1885.) 

(§   367.)      SECTION   1.      The   People  of  the  State  of  Michigan  enact,  Hetired  list  of 

firemen,  how 

Any  person  who  has  been  a   member  of  the   fire   department  of   the  composed. 
■city  of  Detroit,  or  employed  b}-  the  fire  commission  of  said  city   for  a 
period  of  twenty-five  years  subsequent  to   October  twenty-fourth,  A. 
D.,  eighteen  hundred  and  sixty,  may  be  placed  on  the   list   of   retired 
firemen  on  account  of  disability,  by  vote   of   said   commission.      Any  Disabled  in 

•"     •>  •    discharge  of 

person  in  the  employ  of  the  said  commission  who  may  hereafter  be 
totally  disabled  in  the  discharge  of  his  duty,  as  such  fireman  for  duty, 
may  in  a  like  manner  be  placed  on  the  list  of  retired  firemen.  And 
all  such  retired  firemen  shall  receive  a  sum  equal  to  one-half  of  their 

Retired  firemen, 

annual  salary  paid  them  at  the  time  of  their  retirement,  annually  how  to  be  paid, 
thereafter,  to  be  paid  in  twelve  monthly  payments  during  the  re- 
mainder of  their  natural  lives,  such  moneys  to  be  collected  and  paid 
in  the  planner  hereinafter  provided;  Provided,  however,  That  ho  per- Limitations, 
son  so  retired  shall  receive  more  than  four  hundred  and  fifty  dollars 
per  annum;  And  ^provided  further,  That  said  commission  may  place 
jim  the  list  the  name  of  persons  who  become  totally  disabled  in  the 
employ  of  said  commission  prior  to  the  passage  of  this  act. 

(§368.)     8ec.   2.     In  case  any  person    in    the    employ  of    the  fire  Pensions  to 

families  of 

-commission  of  said  <hv   of    Detroit  shall    be   killed  while  in   the  dis- ?re.men  killed 

in  discharge 

feharge  of  his  duty  or  shall  receive  injuries  which  result  in   his  death0    utv" 


IS j  i.aws    RELATING    TO   THE   CITV   OK    DETROIT'. 

Chapter   iti.  board  01   pike  commissioners. 


within  one  year  thereafter,  the  widow  fust,  or  children,  if  there  is  ho 

widow,  and  it'  such  person  shall  leave  no    widow    nor    children,    then 

mother  of  such  person,  if  dependent  upon  him  for  support,  shall   hy 

vote  of  the  fire  >  on\mis>iou   be  paid  a  pension.     The    widow    or    de- 
P.i\  ment  of 

SThommade  pendant  mother  shall  receive  the  sum  of  three  hundred  dollars  an- 
nually in  equal  monthly  payments  of  twenty-five  dollars  each  during 
the  term  of  her  natural  life  or  until  she  remarries,  in  which  case  all 
payments  of  moneys  under  this  act  to  such  widow  or  dependent 
mother  shall  cease. 

In  case  of  the  death  of  such  widow  the  same  amount  shall  be 
paid  to  such  children  as  shall  be  under  the  age  of  sixteen  years  at  the 
time  of  the  death  of  said  widow;  the  money  to  be  equally  divided 
among  such  children  according  to  the  number.  In  case  such  deceased 
person  shall  leave  no  widow,  but  one  or  more  children,  such  child  or 
children  shall  receive  in  equal  proportion  according  to  the  number 
of  such  children,  the  same  amount  as  would  have  been  paid  to  the 
widow,  such  payments  to  be  made  monthly  as  hereinbefore  provided 
and  to  continue  until  such  child  or  children  shall  attain  the  age  of 
sixteen  years  respectively.  In  case  of  the  death  of  one  or  more  of 
the  children  their  share  of  such  pension  shall  be  paid  to  the  sur- 
vivor, or  survivors  provided  they  are  under  the  age  of  sixteen  years. 
The  money  for  the  payment  of  such  pensions  shall  be  collected  and 
paid  in  the  manner  hereinafter  provided.  It  is  provided  that  the  said 
commissioner  and  controller  may  continue  on  the  list  of  names  of 
four  widows  whose  husbands  died  from  effects  of  injuries  received  in 
the  line  of  their  duty  prior  to  the  passage  of  this  act. 

And  provided  further,  That  the  said  commissioner  and  controller 
may  continue  on  the  list  the  names  of  four  children  whose  father 
died  from  the  effects  of  injuries  received  in  the  line  of  his  duty  prior 
to  the  passage  of  this  act,  until  such  children  shall  attain  the  age  of 
sixteen  years  respectively.  (As  amended  by  Act  approved  May  5,. 
1891. 


LAWS   RELATING   TO   THE   CITY    OF   DETROIT.  l8j 

BOARS  OF  FIRE  COMMISSIONERS.  CHAPTER    16 


(t$  369.)     Sec.  3.     Whenever  any  persons  are   placed  on   the   re-  Commissioner 

to  report  to 

tired  list,  as  provided  in  this  act,  it  shall  be  the  duty  of  the  lire  com-  Clty  Controller- 
mission  to  promptly  report  its  action  to   the   controller  of  the  city   of 
Detroit,  giving  the  names  of  the  persons  retired,  together  with  a  full 
statement  of  facts  connected  with  the  retirement  of   such   pers.in   or 

Controller  to 

persons.     It  shall  be  the  duty  of  the  controller  to  register  the   names  keep  register. 
of  such  persons  as  being  retired  firemen  of  the  fire  department  of  the 
city  of  Detroit,  and  as  hereinafter  provided,  pay  them  the  moneys  due 
them  under  this  act. 

(§  370.)     Sec.  4.     There  shall  be   kept  in  the   office   of  the  fire  ^        .    . 

°  '  r  Commissioners 

commissioner  by  the  secretary,  a  book  to  be  known  as   the  list  of  re-  retireTfiremen, 

date  of  retire- 
tired  firemen.     This  book  shall  give  a   full   and  complete  history  and  ment,  etc. 

record  of  the  action  of  the  lire  commission  in  retiring  any  and  all  per- 
sons under  this  act;  such  record  to  give  the  names,  date  of  joining  the 
department,  date  of  retirement,  and  the  reason  therefor,  if  any,  and 
all  persons  retired.  When  the  widow  or  children  or  dependent 
mother  or  either  of  them  shall  be  entitled  to  a  pension  as  hereinafter 
provided,  such  widow  or  children  or  dependent  mother  shall  make 
application  for  a  pension  to  the  fire  commission  through  the  secre- 
tary of  such  commission,  on  a  form  to  be  provided  by  such  commis- 
sion. Accompanying  such  application  shall  be  the  proof  of  the  mar- 
riage of  the  deceased  to  the  widow  claimant,  such  proof  to  be  estab- 
lished by  the  marriage  certificate  or  other  competent  evidence  of  the 
marriage  relation.  Proofs  of  the  births  of  the  children  shall  be 
shown  by  the  certificate  of  the  attending  physician.  The  proof  of  the 
dependency  of  a  mother  shall  be  shown  by  the  affidavit  of  such 
mother  and  two  disinterested  persons.  All  applications  and  proofs 
shall  be  retained  in  the  custody  of  the  fire  commission.  Whenever 
such  applications  for  pensions  are  allowed  by  the  fire  commission, 
due  notice  of  such  action,  with  the  names  of  all  the  pensioners  shall 
be  given  to  the  controller  of  the  city  of  Detroit,  who  shall  cause  such 


iSj 


l.wvs    RELATING    TO    Pin     CITV    <>:■    DETROIT. 


Chapi  i  k  16. 


BOAK HKCMMMIS'.lllMKS. 


persons  to  lie  registered  in  his  office  as  pensioners  of  the  fire  depart- 
ment of  the  city  of  Detroit.  (As  amended  by  Act  approved  May  5, 
1891.) 


Estimates  to  be 
submitted  bj 

Controller  to 

Common 

Council. 


Tax  to  be 
levied. 


Fund  to  be 
established. 


(§  371.)  Sec.  5.  On  or  before  the  first  day  of  April  in  each  and 
every  year,  the  controller  shall  submit  to  the  common  council  his  es- 
timate of  moneys  necessary  to  pay  such  retired  firemen  and  pension- 
ers as  shall  be  entitled  to  moneys  under  this  Act,  for  the  fiscal  year 
beginning  on  the  first  day  of  July  succeeding  the  first  day  of  April; 
and  the  common  council  shall  appropriate  and  cause  to  be  levied  and 
collected  by,  taxation  such  sum  of  money  as  shall  be  required  to  make 
the  payments  provided  for  by  this  act.  It  is  further  provided,  that  in 
his  second  and  all  subsequent  estimates,  the  controller  shall  include  a 
sum  equal  to  the  amount  of  worthless  taxes  charged  back  to  the  fund 
provided  by  this  act  at  the  end  of  the  preceding  fiscal  year.  All 
moneys  collected  under  this  act  shall  be  placed  to  the  credit  of  "  fire 
department  retired  and  pension  fund,"  and  if  at  any  tim^  the  cash 
balance  shall  not  be  sufficient  to  pay  matured  claims,  the  controller  is 
authorized  to  borrow  such  further  sum  as  shall  be  required,  provided 
that  such  amount  shall  not  exceed  the  uncollected  appropriation. 


Payment, 
how  made. 


(§  372.)  Sec.  6.  At  the  last  meeting  in  each  and  every  month 
the  fire  commission  shall  order  the  payment  of  moneys  due  all  per- 
sons under  this  act.  A  voucher  shall  be  prepared  for  the  payment  of 
each  person  emitled  to  moneys,  the  correctness  of  the  same  to  be 
duly  certified  to  by  the  chairman  of  the  finance  committee  of  the  fire 
commission,  and  the  fact  of  the  allowance  of  the  claim  duly  attested 
by  the  president.  The  secretary  shall  then  draw  his  warrant  on  the 
controller  for  the  payment  of  such  moneys.  The  warrant  shall  be 
countersigned  by  the  president  of  the  fire  commission,  and  shall  state 
the  object  for  which  it  is  drawn.  Upon  presentation  of  the  warrant 
to  the  controller,  he  shall  draw  his  warrant   on  the  city  treasurer  for 


UWS   RELATING   TO   THE    CITY   OF    DETROIT.  185 

BOARD  OF  FIRE  COMMISSIONER?.  CHAPTER  16 


the  amount  of  the  original  warrant,  the  same  to  be  paid  from  and 
charged  to  the  "  fire  department  retired  and  pension  fund." 

(§  373.)     Sec.  7.     Before  issuing  any  warrant  for  the  payment  of  Pensioners 

to  take  oath. 

a  pension,  it  shall  be  the  duty  of  the  secretary  of  the  fire  commission 
to  examine  under  oath  all  pensioners,  with  a  view  to  ascertaining  if 
they  are  at  that  time  entitled  to  a  pension  as  provided  for  in  this  act, 
And  whenever  the  said  secretary  shall  learn  that  any  person  has 
ceased  to  be  entitled  to  a  pension  as  herein  provided  for,  he  shall 
record  the  fact  on  the  roll  of  pensioners  and  promptly  notify  the  con- 
troller of  such  disability,  and  such  person  shall  be  thereupon  dropped 
from  the  rolls. 

(§  374.)     Sec  8.     All  payments  under  this  act  shall  be  made  on  Time  of 

payment. 

the  first  secular  day  in  each  month;  but  when  any  claims  for  pensions 
are  allowed  after  the  first  day  of  April  in  each  year,  there  shall  be  no 
payment,  until  after  the  beginning  of  the  ensuing  fiscal  year;  Pro- 
vided, however,  That  the  first  payment  shall  be  for  the  period  inter- 
vening between  the  date  of  the  allowance  of  such  pension  and  the 
date  of  making  such  first  payment;  Provided,  further,  Nothing  in 
this  act  shall  in  any  way  make  the  State  liable  for  the  payment  of  f^fe"01 
an}'  moneys  herein  provided  for. 

(§  375.)     Sec  9.     All  acts  or  parts  of  acts  inconsistent   with   this' 
act  are  hereby  repealed.     (Approved  June  1G,  188.").) 


CHAPTER  XVII. 


BOARD    OF    HEALTH. 

An  Act  to  provide  for  the  establishment  of  a  Board  of  Health   for  the 
City  of  Detroit.     (Act  approved  May  26th,  1881.) 
(§  376.)      SECTION  1.      The  People  of  the  Stale  of  Michigan  enact,  Members  of 
That  there  shall  be  appointed  by   the   common   council  of  the  city  of 
Detroit,  on  the  nomination  of   the    mayor,   on   the   third   Tuesday  of 
June,  1881,  three  persons,  electors   and   practicing  physicians  of  said 
city,  who  shall  be  and  constitute,  together  with  the  mayor,  controller 
and  president  of  the  metropolitan  police  commissioners  of  said  city,  a 
board  of  officers  of  said  city,  to  be  known   and   designated  as  the  De- 
troit "  board  of  health."     The  mayor,  the  controller  and  the  president 
of  the  metropolitan  police  commissioners   shall   be   ex  officio  members 
of  the  said  board  of  health.  The  three  physicians  first  appointed  shall  Terms  of 
hold  their  offices  for  the  terms  of  one,  two  and  three  years  respec- 
tively,  from  July  first,   eighteen   hundred  and   eighty-one;   and  an- 
nually, after  the  year  eighteen  hundred   and   eighty-one,  on  the  third 
Tuesday  of  June,  a  member  of  said  board,   with   like  qualifications, 
shall  be  appointed,  on  the  nomination  of  the  mayor,  for  the   term   of 
three  years.     Vacancies  in  said  board  shall  be  tilled  in  the  same  manner 

Vacancies. 

that  appointments  are  made  as  herein    provided    for.      The   board   of 

health  thus  constituted,  for  the  purposes  of  organization  and  manage-  Powers  and 

ment  of  its  departments,  shall  have  all   the    authority  of  other  hoards 

To  appoint 

in  s;iiil  city  and  ordinarily   pertaining  to  such  bodies,  and  also  to  ap-  Health  officer 
point  a  secretary  as  an  executive   officer,   who  shall  be  known    as   the 


[88 


LAWS    Kl   l.XllNC.    TO    THK    CITY   OK   DETROIT. 


Chapter  17. 


HilAKli  ill     111-   XI    III. 


Merab( 
Board  to  re- 
ceive no  com- 
pensation. 


Salary  of 
Health  Officer. 


health  officer  nf  said  city.  Ihe  health  officer  shall  bo  selected  with 
special  reference  to  his  knowledge  of  chemistry,  hygiene  and  sanitary 
matters,  and  shall  devote  his  whole  time  to  the  sanitary  condition  of 
the  city  and  other  duties  as  prescribed  or  required  by  said  board. 
Said  health  ollicer  may  be  removed  from  office  by  the  board  of  health, 
two-thirds  of  the  members  thereof  voting  for  such  removal. 

(§  377.)  Sec.  2.  The  members  of  the  said  board  of  health  shall 
serve  without  compensation,  but  the  health  officer  shall  receive  an 
annual  salary  uot  exceeding  three  thousand  dollars  ($3,000),  as  may  be 
determined  by  the  common  council  of  said  city. 


To  report 

estimates. 


Council  to 
raise  money 
for  expenses 
and  pass 
ordinances. 


To  nominate 
City  xJhysicians 


Reports. 


(§  378.)  Sec.  3.  The  said  board  on  or  before  the  first  day  of 
March  of  each  year,  shall  report  to  the  controller,  to  be  by  him  trans- 
mitted, as  other  estimates,  to  the  common  council,  an  estimate  of  the 
amount  of  money  necessary  to  defray  the  expenses  of  said  board  in 
preserving  the  health  of  said  city  during  the  ensuing  fiscal  year.  The 
common  council  shall  have  the  power  to  raise  by  taxation  the  amount 
so  estimated,  or  any  such  part  thereof  as  may  be  approved  each  year, 
in  the  same  manner  as  other  general  taxes  are  levied  and  collected. 
The  common  council  shall  also  have  full  power  to  pass  and  enforce 
all  needful  ordinances  for  the  regulation  of  the  sanitary  condition  and 
preservation  of  said  city. 

(§  370.)  Sec.  4.  The  city  physicians  of  said  city  shall  be  ap- 
pointed by  the  common  council,  on  the  nomination  of  the  board  of 
health,  on  the  third  Tuesday  of  June,  after  the  year  eighteen  hundred 
and  eighty-one,  and  shall  in  all  matters  of  public  health  and  sanita- 
tion, co-operate  with  and  be  subject  to  said  board  of  health. 

{§  380.)  Sec.  5.  On  the  first  day  of  July  in  each  year,  and  at 
all  otner  times  when  required  by  the  common  council,  the  said  board 
shall  present  to  the  said   council   a  report  of  their  operations  during 


LAWS    RELATING   TO    THE   CITY   OF   DETROIT.  189 

BOARD  OF  HEALTH.  CHAPTER    IT 


the   year,   with   such   information   and   recommendation   as  may    be 
deemed  important  and  necessary. 

(§  381.)     Sec.  6.     From  and  after  the  second  Tuesday  of  January,  city  Physicians 

to  be   confirmed 

eighteen  hundred  and  eighty-two,   all   power  herein  delegated  to  the  by  City  Council 
common   council,   relative  to   the  confirmation   of   members  of  said 
board,  shall  be  exercised  by  the  city  council  of  said  city.     (Ordered  to 
take  immediate  effect.     Approved  May  26,  1881.) 


I  go 


Ch  u'i  i  r  i ;. 


LAWS   RELATING    T<>   THE   CITY   OB    DETROIT. 


ROAR HEA1    in. 


Board,  how 
constituted. 


\<   r   ro  i'i:n\  mm,  hii;  ami  CONFIRM  THE  BOARD  OF  HEALTH,  ETC. 

An  Art  to  provide  for  and  confirm  the  board  of  health  for  the  city  of 

Detroit,  and  prescribe  its  powers  and  duties. 

(Approved  May  25,  1893.) 

182.)     Section  1.       The  People  of  the  State   t>f  Michigan  enact, 

The  board  of  health  of  the  city  of  Detroit  shall  consist  of  six  mem- 
bers, three  of  whom  shall  be  residents  and  practicing  physicians  of 
said  city,  and  shall  continue  to  be  appointed  as  now  provided  by  law; 
the  other  three  shall  be  as  now,  the  mayor,  controller,  and  president 
of  the  metropolitan  police  commissioners  of  said  city,  which  last 
three  shall  be  ex-officio  members  thereof,  and  each  of  the  six  mem- 
bers shall  have  power  to  vote.  The  said  board  shall  be  known  and 
distinguished  by  the  name  and  style  of  "the  board  of  health  of  the" 
city  of  Detroit."  Said  board  shall  have  the  powers  and  authority  as 
now  prescribed  by  law,  unless  otherwise  herein  provided,  and  shall 
have  the  power  to  elect  or  appoint  a  president,  a  health  commissioner 
a  health  officer,  a  special  sanitary  inspector,  a  food  inspector,  a  meat 
inspector,  a  milk  inspector,  a  plumber  and  sanitary  inspectors  and 
such  clerks  and  subordinates  as  may  be  from  time  to  time  required. 
Health  Com-      The  health  commissioner  must  be  a  graduate  in  medicine  of  at  least 

nii.s*ioners. 

ten  years  standing,  and  shall  be  selected  with  special  reference  to  his 
business  and  executive  abilities,  as  well  as  his  knowledge  of  hygiene, 
and  sanitary  science.  He  shall  be  at  the  head  of  the  health  depart- 
ment and  shall  have  the  management  and  control  of  all  matters  per- 
taining thereto,  under  the  supervision  of  the  board  of  health,  and 
shall  be  appointed  for  a  period  not  less  than  one  nor  more  than  six 
years,  as  may  be  determined  by  the   board,  and   until  his  successor 


Power  to 
appoint 
officers, 
clerks,  etc. 


LAWS    RELATING    TO    THE   CITY   OE   DETROIT.  igi 

HOARD  OF  HEALTH.  CHAPTER  17 


shall  be  appointed  and  qualified.  The  president  of  the  board  shall 
have  general  charge  of  the  work  until  the  appointment  of  the  com- 
missioner. The  health  officer  shall  be  a  graduate  of  medicine  of  at  Health  Officer, 
least  five  years  standing,  and  shall  be  selected  with  special  reference 
to  his  knowledge  of  chemistry,  hygiene,  and  sanitary  science,  and 
shall  be  appointed  for  a  term  of  not  less  than  one  nor  more  than 
three  years,  in  the  discretion  of  the  board.     The   special   sanitary   in-  Special  Sam- 

*  '  L  J  tary  Inspector. 

spector  shall  be  a  graduate  of  sanitary  engineering  or  shall  possess  in 

the    judgment  of  the  board    equivalent    qualifications.     The   food,  Food,  meat. 

milk  and  sani- 

meat,  milk  and  sanitary  inspectors  shall  possess  such  qualifications  as  tary  insPectnrs 
will  adapt  them  for  such  particular  work,  and  the   sanitary    functions  sanitary 

functions  of 

of  the  police  of  the  police  of  the  city  of  Detroit  are  hereby  abandoned  police  abolished 
and  dispensed  with,  and  the   same  shall  hereafter  devolve  upon  the 
sanitary  inspectors.     The  plumber  shall  pass   an   examination  before  plumber, 
a  board  of  examiners  to   be   appointed  by  the   said  board   of  health 
previous  to  the  said   plumber's   appointment.     The   board   of   health  Boartj  snau 
shall  prescribe  the  powers  and  duties  and  determine  the  annual  salary  duties  and  fix 

salaries. 

and  compensation  of  each  and  all  herein  referred  to.  The  appoint- 
ments herein  provided  for  may  be  made  immediately  on  or  before  ^Senmade?  S' 
July  first,  eighteen  hundred  and  ninety-three,  and  thereafter  an- 
nually, or  when  terms  expire,  or  when  vacancies  occur,  and  all  ap- 
pointments shall  be  by  vote  of  not  less  than  two-thirds  of  the  board, 
and  all  appointees,  unless  their  terms  are  fixed  at  the  time  of  their 
appointments,  shall  be  removed  at  pleasure  on  a  vote  of  two-thirds  of 
the  board. 

(§  383.)     Sec.  2.    The  plumbing,  drainage  and  ventilation  of  all 

Plumbing', 

public  and  private  buildings,  manufactories,  etc.,  as   well   as   private  dra'",a^?)an4 

dwellings  and  business  places,  shall  be  subject  to  the  control  and   ap-  subject  to  con- 
trol and  ai) 
proval  of  the  said  board  of  health,  who   may   make   and   promulgate  proval  of  board. 

rules  and  regulations   respecting   the  same,   and   a   willful   violation 

thereof  shall  be  a  misdemeanor  subject  to  a  fine  of  not  less   than  two 


[92  i.\\\S    RELATING    TO   THE    OTY   OF    DETROIT. 

,    ..  ......  ,.    i  ;  BOARD  i  'l    III    \l    I'll. 


,n-  more  than  twenty-five  dollars,  or  imprisonment  not  exceeding 
thirty  days,  or  both,  in  tin'  discretion  of  the  court  having  jurisdiction 
of  the  same,  and  the  said  board  shall  also  have  power  to  enforce  its 
regulations  by  making  such  changes,  alterations  or  improvements  as 
it  may  deem  necessary,  at  the  expense  of  the  owner  or  agent  or 
trustee  or  corporation  so  refusing  to  comply  with  the  requirements 
of  the  board. 

°1    sof  drain-  (§  B84:.)     Sec.  3.     Plans  of  all    drainage,    plumbing   and   ventila- 

fiied' with  and    tion  of  schools  and  other   public   buildings   and   factories,   shops   or 

approved  by 

Board,  salesroom,  and  places  of  like  character,   where  two   or   more   persons 

are  employed,  and  the  drainage  and  plumbing  of  all  private  build- 
ings shall,  when  in  process  of  repair  or  erection,  be  submitted  to  the 
said  board  of  health  for  its  approval,  and  placed  on  file  with  said 
board,  which  may  require  like  plans  in  its  discretion,  of  similar  build- 
ings already  erected. 

(§  385.)  Sec.  4.  It  shall  be  the  duty  of  every  person  engaged  in 
re^iste6/5  mUSt  tlie  business  of  plumbing  or  house  drainage  in  the  city  of  Detroit  to 
register  his  name  and  place  of  business  in  a  book  provided  for  that 
purpose  at  the  health  office,  on  or  before  the  first  day  of  July,  eigh- 
teen hundred  and  ninety-three.  It  shall  not  be  lawful  for  any  person 
to  work  at,  engage  or  carry  on  the  trade  of  plumbing  in  said  city 
unless  his  name  and  proper  address  be  registered,  and  all  not  regis- 
tered as  above  will  require  thereafter  to  pass  an  examination  before  a 
board  of  three  examiners  appointed  by  the  board  of  health.  It  shall 
also  be  the  duty  of  every  such  person  to  display  at  his  place  of  busi- 
ness, in  a  conspicuous  place,  a  sign  with  full  registered  name,  and 
Sign  of  "Regis- words  "register  plumber."    And   the  violation  of  this  section   shall 

ter  Plumber" 

to  be  displayed.  CDnstitute  a  misdemeanor  punishable  in  the  same   manner  as  herein- 
before provided  in  the  case  of  misdemeanor. 


LAWS   RELATING   TO    THE    CITY   OF    DETROIT.  193 

BOARD  OF  HEALTH.  CHAPTER  IT 


(g  886.)     Sec.  5.     It  shall  be  the  duty  of  the  coroners  of  Wavne  Coroners  to 

"  make  monthly 

county,  before  the  tenth  day  of  each  month  to  make  a  monthly  report  rel>orts- 
to  the  board  of  health  of  the  inquests  held  by  them  respectively  dur- 
ing the  previous  month,  with  a  full  description,  so  far  as  may  be,  of 
the  age,  sex,  color,  nationality,  and  cause  and  mode  of  death  of  the 
subjects  of  such  inquests  and  such  other  particulars  as  the  board  may 
from  time  to  time  require,  for  the  purpose  of  identifying  such  de- 
ceased persons;  and  in  each  case  where  an  analysis  is  made  for  poi- 
son, a  detailed  report  of  such  analysis  shall  be  furnished  and  filed 
with  said  board  of  health  in  writing  within  ten  days  thereafter  by 
the  expert  making  such  analysis. 

(8  387.)    Sec.   6.    The  board  of  public  works  of  the  city  of  Detroit 

Board  of  Public 

shall  in  all  matters  pertaining-  to  public  health  and  sanitation  act  under  w°rks  to  act 

1  c        *  under  direction 

the  advisement  and  control  of  the  board  of  health.  Health! 

(§  388.)     Sec.  7.     It  shall  be  the  duty  of  the  county  clerk  to   re-  County  C|erk 

ii  i       i  i      p    ,        i   ,  i  .  to  make  reports 

port  monthly  to  the  board  of   health  each   marriage  contracted  in  the  of  marriages. 
city  of   Detroit,  giving  the  full  name,   age,   color,   occupation,   birth- 
place and   legal  residence  of  each  person   married,   and   the   date  of 
such  marriage. 

(§  339.)     Sec.  8.     It  shall  be  the  duty  of  each    physician,    accou- 

Duty  of 
cher,  midwife,  or  other  person  in  charge,  who  shall  attend  or  assist  at  Physicians, " 

Midwives,  etc. 

the  birth  of  any  child  within  the  city  of  Detroit,  to  forward  a  report to  iePorc- 
to  the  board  of  health  of  said  city  within  forty-eight  hours  after  such 
birth,  stating  distinctly  the  date  of  birth,  the  sex  and  color  of  the 
child  or  children  born,  its  or  their  physical  condition  (whether  still 
born  or  not),  the  full  name,  nativity  and  residence  of  the  parents  and 
the  maiden  name  of  the  mother  of  such  child  or  children,  and  any 
such  physician,  accoucher,  etc.,  who  shall  fail  to  report  as  herein  re- 
quired shall  be  punished  by  a  fine  not  to  exceed  twenty-live  dollars, 
or  by  imprisonment  in  the  county  jail  not  more  than  ninety  days,  or 
by  both  such  tine  or  imprisonment,  in  the  discretion  of  the  court. 


ui|  i.wvs    RELATING    TO   THE    CITV    OF    DETROIT. 


I'll  W1  II  II   II.  ROARD-OF  HEALTH. 

Public  dis-  (8  890.)    Sec.  9.    A.U  public  dispenBarieB,  asylums,  infirmaries, 

pensanes,  r  J 

to report. etC-!     hospitals, schools,  theaters,  and  all   public  institutions  and   places  of 

public  resort,  and  their  managers,  officers,  lessees  and  occupants  shall 
report  in  writing  when  required  by  the  board  of  health,  tinder  its. 
rules  and  regulations,  such  information,  as  may,  in  the  judgment  of 
the  board  be  needed  for  the  better  discharge  of  its  duties  in  said  city. 

',v,msofr  (§391.)     Sec.  10.     The  terms  of  the  present  officers,  clerks  and' 

present  omcers  "  ' 

joth^is'j',;  "  3  employes  of  said  board  shall  expire  and  their  offices  declared  vacant 
nat  later  than  July  tenth,  eighteen  hundred  and  ninety-three. 

Extraordinary  ^g  $Q2.)     Sec.  11.     In  case  of   pestilence   or   epidemic  disease,  or 

of  pestilence,      of  danger  from  anticipated  or  impending   pestilence  or   epidemic  dis- 

etc. 

ease,  or  in  case  the  sanitary  condition  of  the  city  should  be  of  such  a 
character  as  to  warrant  it,  it  shall  be  the  duty  of  the  board  of  health 
to  take  such  measures  and  to  make  such  appointments,  and  to  do  and 
order  and  cause  to  be  done  such  acts  for  the  preservation  of  the  pub- 
lic health  (though  not  herein  or  elsewhere  otherwise  authorized)  as 
they  may  in  good  faith  deem  the  public  safety  and  health  to  demand. 

Power  totax  (§  393.)  Sec.  12.     The  common  council  and  the  board  of  estimates 

for  maintenance 

of  Board.  shall  annually  include  in  their  final  estimate  a  sufficient  sum  of  mon- 

ey for  the  maintenance  of  the  board  of  health  in  performing  the  du- 
ties and  obligations  imposed  by  law  on  said  board,  and  which  sum 
shall  be  raised  by  tax,  and   constitute  the    ''  Detroit  board   of   health 

Fnieaith'fund  find."  The  city  treasurer  is  hereby  appointed  treasurer  of  said  board 
of  health,  and  shall  on  check  or  voucher  pay  out  from  time  to  time 
from  said  fund  as  may  be  required  by  said  board  of  health.  (Ap- 
proved May  25,  1893.) 


I.AWS   RELATING   TO   THE    CITY    OK    DETROIT.  195 

BOARD  OF  HEALTH.  CHAPTER  17 


INSPECTION    OF    MILK. 

An  Act  to  prevent  the  sale  of  impure,   unwholesome,  adulterated,  or 
swill-milk,  iu  the  State  of  Michigan,  and  to  pro- 
vide for  inspectors. 

(S  394.)     Section  1.     The  people  of  the  State  of  Michigan  enact, 

vs  ;  r  J  &  Unlawful  to 

That  it  shall  be  unlawful  for  any  person  to  sell,  or  expose  for  sale,  mi1]1kimpure' 
within  the  State  of  Michigan,  any  unwholesome,  watered,  adultered 
or  impure  milk,  or  swill-milk,  or  colostrum,  or  milk  from  cows  kept 
upon  garbage,  swill,  or  other  deleterious  substance,  or  from  cows 
kept  in  connectiou  with  any  family  in  which  there  are  infectious  dis- 
eases. 

(§  395.)    Sec.  2.     Any  person  who. shall  violate  any  of  the  pro-PenaItv 
visions  of  the  preceding  section  shall  be  punished  by  a  fine   not  to  ex- 
ceed one  hundred  dollars,  or  by   imprisonment  not   to   exceed   three 
months,  or  by  both  such  fine  and  imprisonment,   in   the   discretion  of 
the  court. 


Police  Com- 
mission to 
appoint  an 
inspector. 


(§396.)  Sec.  3.  It  shall  be  the  duty  of  the  metropolitan  police  com- 
missioners of  the  city  of  Detroit,  by  and  with  the  consent  and  advice  Appoint 
of  the  board  of  health  of  the  city  of  Detroit,  to  appoint  an  inspector, 
who  shall  be  a  person  of  previous  practical  experience.  Said  inspec- 
tor may  be  created  captain,  sergeant,  or  roundsman  of  the  said  police 
force  of  the  city  of  Detroit,  at  the  option  of  the  board  of  metropolitan 
police  commissioners. 

it?  397.)     Sec.  4.     It  shall  be  the   duty   of   said    inspector  toper- 
Duty  of  milk 

Bonally  view,  so  far  as  possible,  all  milk  exposed  for  sale  in  said  city,  inspector, 
and  to  visit  all  dairy  house-,  barns,  or  stables  in  said  city,  or  the  coun- 
ty of  Wayne,  to  inspect  the  same,  and  the  animals  held   therein,   and 


196  LAWS   RELATING    TO   THE   CITY   OF    DETROIT. 


VTl  Vl'll  K    1  I.  HOARD   OF  HEALTH, 


to  visit  all  pla>  es  where  milk  is  kept  or  exposed  for  sale  in  the  city 
of  Detroit,  and  to  inspect  and  ascertain  the  condition  of  said  milk. 
lie  may  detail  any  patrolman  of  said  city  to  assist  him  in  the  per- 
formance  of  any  or  all  of  the  duties  enjoined  on  him  by  this  act;  Pro- 
vided, always,  That  said  inspector  and  any  policeman  so  detailed 
shall  always  be  subject  to  the  provisions  of  the  law  establishing  and 
governing  the  metropolitan  police  of  said  city. 

inspector  to  (§398.)    Sec.  5.     It  shall  be  the  duty  of  said  inspector,  or  of  his 

make  com- 

assistant,  to  make  complaint  iu  writing  before  a  police  justice  of  said 
city  of  every  violation  of  this  act  coming  to  his  knowledge. 

Each  sale  a  ($399.)     Sec.  6.     Each  and  every  quantity  of  milk  sold,   or   ex- 

separate  offense 

posed  for  sale,  contrary  to  the  provisions  of  this  act,  shall  constitute  a 
separate  offense. 

Penalty  for  (g  400.)     Sec.  7.     Any  person  who   shall  refuse   to    permit   the 

refusing  v°  '  J    *  x 

said  inspector,  or  his  assistant,  to  perform  his  duty  under  this  act 
either  by  refusing  him  entrance  to  his  premises  or  by  concealing  any 
milk,  or  refusing  to  permit  any  milk  or  animal,  or  premises  wherein 
the  animals  are  kept,  to  be  viewed  and  inspected  as  herein  provided, 
or  by  in  any  manner  hindering  or  resisting  any  said  inspector  or  as- 
«».  sistant  inspector,  in  the  performance  of  his  duty,  shall  be  guilty  of  a 
misdemeanor,  and  punished  therefor. 

Sec.  8.     Omitted.     Not  applying   to    Detroit. 

(As   amended  by  Act  No.  246,  approved  June  25,  1887.) 


CHAPTER  XVIII. 


BOARD    OF   POOR    COMMISSIONERS. 

An  act  to  provide  for  and  establish  a  board  of  poor   commissioners  in 
the  city  of  Detroit.     (Approved  April  10,  1883.) 

§  401.)     SECTION   1.      The  people  of    the  State  oj  Michigan  enact, 

Board,  how- 
There  shall  be  established  in  the  city  of  Detroit  a  board   of   four  poor  constituted, 

appointment  of 

commissioners,  who  shall  be  appointed   by   the   city   council   on  the  tom^wers, 

etc. 
nomination  of  the  mayor,  and  whose  term  of  office  shall   be   for   four 

(4)  years.  They  shall  have  full  charge  and  control  of  all  poor  apply- 
ing for  public  aid  within  the  city  of  Detroit,  and  shall  appoint  a 
secretary,  a  superintendent  of  the  poor,  and  such  other  officers  or  em- 
ployes as  they  may  deem  necessary  for  the  proper  operation  of  the 
poor  department. 

(§  402.)    Sec.  2.     The  said  board   shall   enforce   all   ordinances, 

Enforce 

regulations  and  resolutions  that  the  common   council   may  adopt  and  °rd 
prescribe  relative  to  the  city  poor  and  the   funds   raised  for  their  re- 
lief. 


relative  to 
poor. 


(§403.)     Sec.  3.     The  said  board   shall   have   power,  subject  to  Power  to  pur 

.,  .    .  ,,     ,   .  ,  ,  chase  supplies 

the  provisions  ol  this  act,  to  purchase  clothing,  provisions,  fuel,  med-  for  poor. 
icines  and  supplies  for  distribution  among  the  poor,  but  no  money 
shall  he  paid  out  of  the  city  treasury  lor  any  such  purchases  unless 
the  common  council  shall  have  authorized  the  controller  to  draw  his 
warrant  therefor.  The  board  may  issue  orders  to  the  poor  for  pro- 
visions, clothing,  boots  and  shoes,  fuel,   water  taxes,  and  transporta- 


loS  LAW'S    RELATING    To    THE   CITY   OF    DETROIT'. 


I'll  \ri  i  u  IS. 


HOARD   01     POOH    I   nMMhMllN  I  K^. 


tion,  and  may  also  make  cash  disbursements,  all  to  be  paid  out  <>f  the 
poor  fund,  under  such  rules  and  regulations  as  the  common  council 
may  prescribe. 

.,  (§    101.)     Sec.   4.     Slid  hoard  shall  also  have    power   to   contract 

Powei  to  con-  °  '  ' 

of  paupers,         with  any  or  all  hospitals  and  asylums   in   and    adjoining   the   city  of 

burial  thereof, 

etc.  Detroit  for  the  care  of  sick  poor,  and  such  others  as  may  come  under 

their  care  and  control  under  the  provisions  of  this  act.  They  shall 
also  have  charge  of  the  burial  of  all  deceased  poor  who  may  be  pub- 
lic charges  within  the  city  of  Detroit,  and  for  that  purpose  may  con- 
tract with  superintendents  of  cemeteries,  and  employ  such  other  per- 
sons as  they  may  deem  necessary  for  the  proper  performance  of  the 
same. 

-p    ,.  ,  '  (S  405.)    Sec.  5.     The  said   board   of  poor  commissioners  shall 

1  o  disburse  v«>  '  ^ 

fund.5  perform  the  duties  and  make  the   disbursements  out  of  the   county 

temporary  relief  fund  now  authorized  by  the  statutes  of  this  State  to 
be  made  by  the  Aldermen  of  each  ward  in  the  city  of  Detroit,  whose 
term  of  office  will  soonest  expire,  in  the  capacity  of  supervisors  of 
their  respective  wards,  and  the  said  board  is  vested  with  all  the  pow- 
ers and  duties  of  the  aldermen  as  such  supervisors  relative  to  the  sup- 
County 
Superintendent,  port  of  the  poor.     The  county  superintendents  of  the  poor   shall  have 

no  power  to  grant  any  temporary  relief  in  the  city  of  Detroit,  but  all 
such  relief  from  the  county  temporary  relief  fund  shall  be  granted  by 
said  board,  and  the  said  board  may  draw  its  warrants  on  the  county 
treasurer  therefor. 


Donations. 


(§  406.)  Sec.  G.  The  said  board  shall  have  power  to  receive  and 
disburse  donations  for  the  relief  of  the  poor,  and  may  act  in  conjunc- 
tion with  any  society  or  organization  organized  for  charitable  pur- 
poses in  the  city  of  Detroit,  and  shall  have  such  other  powers  and  du- 
ties as  the  common  council  may  prescribe. 


LAWS   RELATING   TO    THE   CITY   OF    DETROIT. 


I99 


HOARD  OF  POOR  COMMISSIONERS.  CHAPTER  IS 


(§  407.)     Sec.  7.     One  commissioner,  whose  term  of   office   shall    Appointments, 
commence  on  the  first  day  of  July  following,  shall   be   appointed,  ac- 
cording to  the  provisions  of  this  act,  at  the  last  regular  session  of  the 
city  council  in  June  of  each  year. 

(§  408.)     Sec.  8.     Nothing  in  this  act  shall  be  construed  as  affect-  Present 
ing  the  tenure  of  office  of  any  of  the    present  board  of   poor   commis- 
sioners, who  shall  serve  out  their  respective  terms. 

(§409.)    Sec.  9.     The  said  commissioners  shall  receive   no   com-iVo 

„         ,     .  .  pensation. 

pensation  for  their  services. 

(§  410.)     Sec.  10.    All  acts  or  statutes  inconsistent  with  the  pro- Re,  of 

.   .  ,    ,  .  ,  .     ,  conflicting  acts. 

visions  01  this  act  are  hereby  repealed. 

This  act  is  ordered  to  take   immediate   effect.      (Approved   April 
10,  1883.) 


CAWS    RELATING    TO   THE    CITV    OP    DETROIT. 


Chapter  Is  doakd  oi   poor  commissioners. 


FOOK    COMMISSIONERS   OF     DETROIT   TO     A.CT     As   COUNTY    SUPERINTEN- 
DENTS  OF   TOOK. 

Aii  Act  to  amend  section  two,  chapter  fifty,  of  the   compiled   laws  of 
eighteen  hundred  and  seventy-one,   being   compiler's  section 
eighteen  hundred  and  seventeen,  relative  to  the  support 
of  poor  persons  by  the   public,  the  same  being  sec- 
tion one  thousand  seven  hundred  and  fifty-six  of 
Howell's    annotated    statutes,      (Sec.     1756, 
Howell's  statutes,   as   amended   by  Act 
No.  77,  laws  of  1885.) 

(§  411.)  Section  1.  The  people  of  the  State  of  Michigan  enact, 
That  section  one  thousand  seven  hundred  and  fifty-six  of  Howell's 
annotated  statutes,  being  section  one  thousand  eight  hundred  and 
seventeen  of  the  compiled  laws  of  eighteen  hundred  and  seventy-one, 
be  and  the  same  is  hereby  amended  so  as  to  read  as  follows: 

(§  412.)     Sec.  2.     It  shall  be  the  duty  of  the  Supervisors  of  each 

county,  at  their  annual  meeting  in  the  year  eighteen   hnndred   sixty- 
County  Super- 
intendents of      nine,  to  appoint  three  discreet  electors  of  such  county,  to  be  superinten- 

the  poor. 

dents  of  the  poor  within  the  same;  one  for  the  term  of  one  year,  one  for 
the  term  of  two  years,  and  one  for  the  term  of  three  years;  and  at  their 
annual  session  in  each  year  thereafter  th  ey  shall  appoint  one  super- 
intendent who  shall  hold  his  office  for  the  term  of  three  years,  and 
until  his  successor  is  appointed  and  qualified;  Provided,  That  in  case 
of  a  vacancy  caused  by  the  death  or  removal  of  either  of  said 
superintendents,  or  otherwise,  the  supervisors  shall,  at  their  first 
meeting  held  after  such  vacancy  occurs,  appoint  a  successor  for  the 
unexpired  term.     Before,  entering  upon  the   duties  of  his  office  each 


LAWS    RELATING    To    THK    CITY   OF    DETROIT. 


HOARD  OF  POOR    COMMISSIONERS.  CHAPTER    18 


superintendent  shall  take  the  oath  of  office  prescribed  in  the  eigh- 
teenth article  of  ths  constitution,  and  file  the  same  in  the  office  of  the 
county  clerk;  Provided,  further,  That  in  the  county  of  Wayne  the 
superintendents  of  the  poor  shall  consist  of  the  three  superintendents 
appointed  by  the  supervisors  and   of   the   members   of  the   board   of  Board  of  Poor 

_     ,  „  .  ,  .  „  Commissioners 

poor  commissioners  of  the  city  of  Detroit,  and  a  majority  of  the  whole  of  Detroit  act 

as  County 

number  shall  be  a  quorum  for  the  transaction  of  business:  Provided  Superin- 
tendents. 

That  the  members  of  the  b'iard  of  poor  commissioners  of  the  city  of 
Detroit  shall  receive  no  compensation  from  the  county  of  Wayne  for 
their  services.  « 

Ordered  to  take  immediate  effect.     (Approved  May  11,  1885.) 


l.WYS     KKl.ATlNf.    T(l    Tills    CITY    OV    DETROIT. 


Chapter   18.  board  of  poor  commissioners. 


MEMBERS  OF  BOARD  OF  POOR  COMMISSIONERS    TO   CONSTITUTE  PART   OF 
B6ARD   OF  SUPERINTENDENTS  OF  THE  POOR    OF  THE  COUNTY. 

An  Act  to  constitute  and  make  the   members   of  the   Board  of  Poor 
Commissioners  of  the  City  of  Detroit  members  of  the 
Board  of  Superintendents  of  the  Poor  of 
•  the  Country  of   Wayne. 

(§  413.)     Section  1.       The  People  of  the  State   of   Michigan  enact, 
Board  of  Poor 

Commissioners  The  persons  who  may  when  this  act  shall  take  effect  be  the  members 
to  be  members 

of  the.  board  of  of  the  board  of  poor  commissioners  of  the  city  of  Detroit,  and  their 
poor^'etc  °  C  successors  in  office,  shall  thereafter  be  and  they  are  hereby  constituted 
and  made  members  of  the  board  of  superintendents  of  the  poor  for 
said  county  of  Wayne,  and  said  members  of  the  board  of  poor  com- 
missioners shall  have  respectively  all  the  rights,  powers  and  authority 
and  shall  perform  the  duties  of  a  member  of  said  board  of  superin- 
tendents of  the  poor,  and  said  last  named  shall  then  consist  of  the 
three  superintendents  appointed  as  provided  by  law  and  sa;d  board  of 
poor  commissioners:  Provided,  That  said  members  of  said  board  of 
poor  commissioners  shall  not  receive  any  compensation  for  their  ser- 
vices. (This  Act  is  ordered  to  take  immediate  effect.  Approved 
March  13,  1889.) 


.Proviso. 


LAWS    RELATING   TO   THE   CITY   OF   DETROIT. 


HOARD  OK  POOR  (  OMMISSIONERS.  CHAPTER   IS 


CITY   PHYSICIANS. 

An  Act  to  provide  for  the  appointment  of  City  Physicians  of  the  City 
of  Detroit,  by  the  Board  of  Poor  Commissioners  of 
said  city,  and  to  provide  for  the  reg- 
ulation of  their  duties. 

(§  414.)      SECTION   1.       The  People  of  the  State  of  Michigan  enact: 

City  physicians. 

That  the  board  of  poor  commissioners  of  the  city  of  Detroit  shall,  on 
the  second  Tuesday  of  June  of  each  year,  appoint  three  or  more  city 
physicians,  whose  term  of  office  shall  be  one  year,  commencing  on  the 
first  day  of  July  following. 

(§  415.)     Sec.  2.     Said  physicians  shall  be  resident  electors  of  the  Qualifications, 
city  of  Detroit,  graduates  of  an  established  medical  school  or  college, 
and  be  of  good  standing  in  their  profession,   and  have  been  in  prac- 
tice for  at  least  three  years. 

116.)     Sec  3.      Said  physicians  shall   perform  such   duties  and 

Duties,  etc. 

observe  such  rules  and  regulations  in  the  care  and  treatment  of  the 
sick  poor  of  the  city  of  Detroit  as  the  board  of  poor  commissioners  of 
said  city  may  direct  and  make,  and  shall  perform  such  further  duties 
and  receive  such  compensation  as  the  common  council  of  said  city 
may  prescribe. 

(§  417.)    Sec.  4.     All  acts   or  parts   of  acts   contrary  to  the  pro- 
Repealing- 
visions  of  this  act  are  hereby   repealed.      (This  Act  is  ordered  to  take  clause- 

immediate  effect.     Approved  May  29,  1891.) 


CHAPTER  XIX. 


PARKS    AND    BOULEVARDS. 

An  Act  to  authorize  the  City  of    Detroit   to   establish  and  regulate  a 
Park.     (Approved  May  27,  1879.) 

(§  418.)  Section  1.  The  common  council  of  the  city  of  Detroit 
shall  have  power  to  purchase  the  island  in  Detroit  river,  known  as  authorized,  etc 
Belle  Isle,  and  to  improve  and  use  the  same  as  a  public  park,  and  to 
erect  thereon  any  buildings  which  the  city  is  authorized  to  build  and 
maintain;  and  in  all  respects  to  devote  said  island  to  such  public  and 
corporate  purposes  as  the  council   shall   deem   advisable.      The   said  Council  may 

convey  two 

council  may   convey  any   portion   of  said   island,  not  exceeding  two  [""^States. 

acres,  to  the  United  States  for  lighthouse  or  signal  station  purposes. 

The  board  of  metropolitan  police  of  the  city  of  Detroit  shall  have  full 

police  powers  and  jurisdiction  over  the  island,  the  waters  surrounding 

the  same,  and  the  bridge,  if  any,   leading  thereto,  the  same  as  though 

the  island  was  within  the  corporate  limits  of  the  city.      (As  amended 

March  22,  1881.) 

(§  419.)     Sec.  2.     The  common  council  of  said  city  shall  also  have  p0Wer  to  erect 

a  bridge. 

power  to  erect  and  maintain  a  bridge  over  the  American  channel,  be- 
tween said  island  and  the  main  land,  and  to  purchase  and  acquire  suf- 
ficient real  estate  on  said  main  land,  either  within  or  without  the 
limits   of  the   city,  for  suitable  approaches  to  such  bridge  from  the  , 

^  Approaches. 

main  land,  and  the  police  powers  and  jurisdiction  conferred  by  the 
preceding  section  shall  extend  to  the  land  thus  acquired.  The  com- 
mon council  shall  have   power,  from   time  to  time,  to  fix  the  rate  and 


206  LAWS    RELATING  TO  Tl 1 1C   CITY   OF   DETROIT. 

Chapter  19.  parks  vnb  boulevards. 

Fix  the  rate       provide  for  the  collections  of  tolls  for  the  use  of  said  bridge,  and  to 
of  toll  and  c 

run,1"  grant  to  railroads  and  street   ear  companies  the  right  to  run  their  cars 

over   such    bridge    upon    such    terms   and   conditions  as  the  common 
council  shall  prescribe. 

(§420.)      Sec.  3.     For  the  purpose  of  carrying  out  the  provisions 

Issue  of  bonds. 

of  this  Act,  the  common  council  shall  have  power  to  borrow,  by  issu- 
ing bonds  on  the  faith  and  credit  of  said  city,  such  sums  of  money  as 
may  be  necessary,  not  exceeding  in  the  aggregate  the  sum  of  seven 
hundred  thousand  dollars,  said  bonds  to  be  issued  and  negotiated  in 
the  manner  provided  by  the  provisions  of  the  city  charter  relative  to 
the  issuing  of  public  sewer  bonds,  by  said  city,  and  the  bonds  so 
issued  shall  be  denominated  "public  improvement  bonds  of  the  city 
Proviso.  0f    Detroit."      Provided,     That   no   greater   sum   than   two   hundred 

thousand  dollars  shall  be  paid  for  the  said  island. 

(§  421.)     Sec.  4.      The  powers  conferred  by  this  Act  shall  be  ex- 
Approval  of 

Estimates  ercised  and  carried  out  in   compliance   with   the  city  charter  and  the 

acts  creating  the  board  of  estimates   and  the  board  of  public  works  of. 
said  city. 

(§   122.)     Sec.  5.     This  act  shall  take  immediate  effect. 


LAWS    RELATING    TO    THE    CITY   OK    DETROIT.  207 


PARKS  AND    BOULEVARDS.  CHATTER    IV* 


COMMISSIONERS   OF   PARKS  AND   BOULEVARDS. 

An  Act  supplemental  to  the  charter  of  the  city  of  Detroit,  and  relating 
to  parks,  boulevards  and  other  public  grounds  in  said  city,  and  to 
repeal  act  number  three  hundred  and  seventy-four  of  the  local  acts 
of  eighteen  hundred  and  seventy-nine,  entitled  "An  act  to  provide 
for  the  establishment  and  maintenance  of  a  broad  street  or  boule- 
vard about  the  limits  of  the  city  of  Detroit  and  through  portions  of 
the  townships  of  Hamtramck,  Greenfield  and  Springwells,  in  the 
county  of  Wayne,"  approved  May  twenty-one,  eighteen  hundred 
and  seventy-nine. 


(8  423.)      SECTION   1.      The  People  of  the  State  of  Michigan  enact.  Mayor  shall 

'  appoint  com- 
Tliat  the  mayor,  with  the  consent  of  the  common  council  of  the  city  of  parks""  to?  °f 
Detroit,  shall,  after  this   Act  shall   take   effect,  appoint  four  electors 
and  tax  payers  of  said  city,  who  shall  be  known  [as]  and  styled  "com- 
missioners of  parks  and  boulevards."    The  term  of  office  of  said  com-  Term  of  office, 
missioners  shall  commence  on  the  first  day  of  the  month  next  follow- 
ing their  appointment,  and  they  shall  hold  office  for  the  term  of  four 
years,  except  as  hereinafter  provided.     Every  person  appointed  a  com- 
missioner shall,  before  entering  upon  his  office,  take  and  subscribe  the 
oath  of  office  prescribed   by   the  constitution,  and  file  the  same  in  the  °athof  office- 
office  of  the  city  clerk. 

(§424.)    Sec.  2.      For  the  more  effectual  putting  into  [operationl 

J  Provisional 

operations  of  the  provisions  of  this  Act,  the  following  persons,  citizens  ' 
and  tax  payers  of  said  city  of  Detroit,  viz.:    Henry  M.  Duffield,  Elliott 
T.  Slocum,  William  B.  Moran  and    Francis  F.  Palms,  are  hereby  ap- 
pointed provisional  commissioners   of   parks   and   boulevards  in  said 


commissioned 


208  i.wvs    RELATING    TO   Tin'.   CITY   OF    DETROIT. 


Chapter  19  parks  \m>  boulevards. 


city,  who  shall  hold  their  office  until  the  commissioners  of  parks  and 
boulevards  shall  he  appointed  and  duly  qualified  as  provided  in  sec- 
tion one  of  this  act,  and  no  longer.       Said   provisional   commissioners 

shall,  within    one   week    alter    this    Act   shall    take    effect,    meet  and 
t  (rganization  of 

organize   by  the   appointment  from  their  own  number  of  a  president 
giveno-    and  secretary,  and   shall   thereupon   give   notice  of  their  organization 

m  ivor. 

etc.,  of  organi- to  the  mayor  of  said  city,  to  the   board  of   public   works  and  to  the 
zation. 

board. of  park  commissioners.      Said  provisional  commissioners  shall 

To  receive 

books,  papers,    ask  for  and  receive  from  the  board   of  public   works,   and  from  the 

etc.,  relating   to 

boulevard  and    board   of   park   commissioners,   respectively,    all   the  official  records 

park. 

books,  plans  and  papers,  in  their  care  and  custody,  relating  to  the 
boulevard,  or  to  the  Belle  Isle  park,  sn-called;  and  it  shall  be  the  duty 
of  said  last  named  board  to  deliver  tbe  same  accordingly.  Said  pro- 
visional commissioners  snail  have  tbe  exclusive  care  and  custody  of 
To  have  ex-       the  boulevard,  of  all  public  parks,  of  all  buildings  thereon  and  of  all 

elusive  care  of 

boulevards  and  movablc  property  relating  thereto;  they  shall  exercise  all  lawful  care 

parks,  etc. 

and  superintendence  of  any  work  commenced  and  in  progress  on  the 

parks  or  boulevard,  but   shall    not   undertake   any  new  work,  unless 

necessary  for  the  safety  or  protection  of  the  parks  or  boulevard,  or  the 

Control  of  buildings  on  the  same.      They   shall   have   the   superintendence   and 

agents,  clerks. 

etc.,  of.  control  of  all  agents,  servants  or  <derks,   already   employed,  and  may 

remove  or  dismiss  any  one  or  more  of  them  for  good  cause,  and  ap- 
point others  to  fill  the  vacancies  thereby  created.  Upon  the  due  ap- 
pointment and  organization  of  the  park  and  boulevard  commission  as 
provided  in  section  one  of  this  Act,  said  provisional  commissioners 
shall  turn  over  and  deliver  to  them  all  the  official  records,  books, 
plans  and  papers,  and  also  all  other  movable  property  belonging  to 
said  commission,  which  have  come  to  their  hand,  and  thereupon  their 
powers  and  duties  shall  cease. 

(S  425.)     Sec.  3.     All   the   powers  and  duties  now  vested  in  the 

Existing  va  ' 

board  abrogated  exjstjng  board  of  park  commissioners,  or  in  the  board  of  public  works 


LAWS   RELATING   TO   THE    CITY   OF    DETROIT.  209 

PARKS  AND  BOULEVARDS.  CHAPTER    >9 


of  the  city  of  Detroit,  relating  to  the  boulevard,  are  hereby  abrogated 
and  revoked,  except  that  said  boards  shall  severally  continue  to  hold 
their  official  records,  books,  plans  and  papers  until  the  same  shall  be 
demanded  of  them  as  above  provided,  when  the  same  shall  be  de- 
livered to  said  provisional  commissioners. 

(§  426.)    Sec.  4.     The  members  first  appointed  commissioners  of  Meetings  of 

board. 

parks  and  boulevards,  as  provided  by  section  one  of  this  Act,  shall 
meet  at  twelve  o'clock  noon  on  the  first  day  of  the  month  next  after 
their  appointment,  at  the  office  of  the  city  clerk,  for  the  purpose  of 

Term  of  office 

organization,  and  shall  determine  by  lot  among  themselves  when  their  determined 

by  lot. 

terms  of  office  shall  respectively  expire.  Said  terms  shall  be  one, 
two,  three  and  four  years,  respectively,  and  said  terms  having  been 
determined,  as  aforesaid,  said  commissioners  shall  certify  the  same  to 
the  mayor  and  common  council.  At  the  expiration  of  the  term  of  of- 
fice of  any  commissioner,  the  mayor,  in  like  manner,  shall  appoint  a  vacancies,. 

how  filled. 

suitable  person  of  like  qualifications  as  his  successor  for  the  full  term 
of  four  years,  and  vacancies  shall  be  filled  by  appointment,  as  afore- 
said, for  the  residue  of  the  term  vacant.  Said  board  shall  have  the 
right,  and  it  shall  be  its  duty,  to  demand,  obtain  and  receive  all  the 
official  records,  books,  plans  and  papers  above  mentioned  from  any 
person  or  persons  who  may  have  the  same,  or  any  portion  thereof,  and 
thereafter  it  shall  have  the  care,  custody  and  control  of  the  same. 

(§  427.)     Sec.  5.     The  commissioners  shall  appoint,  one  of  their 

Organization. 

number  t'o  be  their  president,  and  one  of  them  to   be   vice   president. 

They  shall  appoint  a  secretary,  and  said  officers  shall  hold  office  dur-  Appointment  of 

secretary,  etc. 

ing  the  pleasure  of  the  board,  or  for  such  period  as  the  board  shall 
prescribe.  An  appointment  pro  tempore  of  [said]  such  officers  may  be 
made  as  usual  when  either  of  them  are  absent  or  unable  to  act.    They 

May  make 

may  make  all  needful  by-laws  and  rules  for  the   transaction  of  *busi-  by-laws, 
ness,  and  may  employ  and  at  their  pleasure   discharge   superinten- 


LAWS   RELATING   To   THK   CITV  OV   DETROIT. 


Ch  vi-ti  k  19 


PARKS    \Mi    ltOUI.KVARDS. 


m.i\  employ      dents,  engineers,  clerks,  agents  and  subordinates,  and  prescribe  their 
and  discharge. 

compensation i  All  officers  and  appointees,  or  either  of  them,  shall  give 
such  security  for  the  faithful  performance  of  their  trust  as  may  be  re- 
quired. Three  members  shall  constitute  a  quorum  for  the  transac- 
tion of  business.  They  shall  keep  a  record  of  all  their  business  and 
proceedings,  and  at  the  request  of  any  commissioner,  the  ayes  and 
nays  shall  be  taken  on  any  vote  at  a  meeting,  which  vote  shall  be  re- 
corded. 


Security. 
Quorum. 


Shall  keep 
record. 


What  com- 
missioners to 
have  charge  of 


Parks  and 
public  ground.' 


Boulevards. 


No  control 
over  ordinary 
streets  or 
alleys. 


When  cost  of 
work  exceeds 
$-ibO,  done  by 
•contract. 


Management 
and  mainten- 
ance of  parks, 
■etc. 


(§  428.)  Sec.  6.  The  commissioners  shall  have  the  control  and 
management,  and  shall  have  charge  of  the  improvement  of  all  the 
parks  and  public  grounds  of  said  city,  including  the  island  park 
(known  as  Belle  Isle  park),  and  of  such  parks  or  public  grounds  as 
may  hereafter  be  acquired,  laid  out,  purchased  or  dedicated  for  pub- 
lic use  in  said  city.  And  they  shall  likewise  have  the  control,  man- 
agement and  charge  of  the  improvement  and  maintenance  of  the  bou- 
levard, which  was  laid  out  and  established  as  provided  by  the  [said] 
act  creating  said  board  of  boulevard  commissioners,  and  of  any  other 
boulevard  which  may  at  any  time  be  hereafter  acquired,  laid  out,  es- 
tablished or  located  by  said  city.  The  authority  hereby  conferred 
shall  not  be  construed  as  giving  any  charge  or  control  to  said  com- 
missioners ovtr  and  to  the  improvement  of  any  of  the  ordinary  public 
streets  or  alleys.  When  the  estimated  cost  of  any  work  or  improve- 
ment ordered  by  said  commissioners  shall  exceed  the  sum  of  two 
hundred  and  fifty  dollars,  the  same  shall  be  done  by  contract,  after 
advertisements  for  bids  in  at  least  two  daily  papers,  printed  in  said 
city,  for  at  least  seven  days. 

(§  429.)  Sec.  7.  The  said  commissioners  may  make  all  needful 
rules  and  regulations  for  the  management,  maintenance  and  care  of 
the  said  parks,  public  grounds  and  boulevard  or  boulevards,  and  [re- 
gulatitg]  regulate  their  use,  and  the  common  council  of  said  city  may 
provide  by  ordinance  for  the  observance  of  the  same,   and  may  also  in 


IvAWS   RELATING   TO   THE   CITY   OK   DETROIT. 


PARKS  AND    BOl'LEVAKDS.  CHAPTER    19 


like  manner  provide  for  the  observance  and  enforcement  of  any  other  Enforcement  of 

rules  relative  to 

rules  and  regulations  duly  made  by   said  commissioners  under  anv  of  hy  common 

-    J         council. 

the  provisions  of  this  act.     And  said   common   council  may  by  ordi-  protection  of 

•  j      t       .,  ..  ,  .  parks,  etc. 

nance  provide  for  the  preservation  and  protection  of  the  parks,  pub- 
lic grounds  and  boulevards,  and  any  of  the  property  in  charge  of  said 
commissioners  against  any  destruction  or  injury,  arid  prevent  the 
destruction  or  injury  to,  or  taking  of  any  trees,  shrubs,  plants,  flowers 
or  other  things  set  out,  planted  or  used  by  said  commissioners  in 
beautifying,  improving  or  ornamenting  said  parks,  public  grounds 
or  boulevards,  and  prevent  any   disorder  or-  disturbance  on   or  about  Preventing 

disorder  and 

said  parks,  public  grounds  or  boulevards,  or  any  encroachment  there- disturbance- 
on  or  interference  with  the  quiet  and  peaceable  use  and  enjoyment  of 
the  same  for  the  purposes   for  which   the   same   are  established  and 
maintained.     Said  ordinances  may  provide  for  the  punishment  for  anv  Puni?ht"ent 

r  J  for  violation  of 

breach  or  violation  of  any  of  their  provisions  by  like   penalties  pro- refaS^todis- 

•  i    j   e  •    i    »•  j-t  <•        .  ,       .  m  orderly  conduct. 

video  tor  violation  of  ordinances  of  said  city.  The  commissioners  of 
metropolitan  police  for  the  city  of  Detroit,  upon  the   request  of  said  PoI,ice  for 

^  parks,  etc. 

"commissioners  of  parks  and  boulevards,"  shall  detail  for  service  in 
any  of  the  grounds  under  the  charge  of  said  park  and  boulevard  com- 
missioners, so  many  of  the  police  force  as  may  be  necessary  to  main- 
tain order  and  protect  the  property  thereon,  and  any  policeman  on 
duty  on  said  grounds  may  remove  therefrom  any  person  who  may  vio- 
late any  of  the  rules  and  regulations  of  said  commissioners,  or  of  any 
of  the  ordinances  of  said  city,  adopted  as  aforesaid,  relating  to  said 
parks,  public  grounds  or  boulevards. 

(2  430.)     Sec.  8.     The  commissioners  shall  annually;    before   the 

Annual  esti- 

first  day  of  April,  prepare  and  submit  to   the  common  council  an  esti-  mat?  of  n""u  v 

for  improving 

mate  of  the  amount  of  money  that  should  be  raised   for  the   ensuing  XjSri?5c 
fiscal  year  for  the  purpose  of  improving  and  maintaining  the  grounds 
under  their  charge,  which  estimate  shall  specify  the  sums  desired  for 
each  of  the  several  objects  of  expenditure,  and  at  the  same  time  make 


l.  VWS    RELATING    To   THE   CITY   OF    DETROIT. 


Chapter  19.  parks  \m>  boulevards. 

a  report  to  the  common  council  of  the  amount  of  revenufi  and  income 
which  it  is  estimated  will  be  received  during  such  fiscal  year  from 
any  source. 

Estimate  to  be  (S  431.)    Sec.  '.).    The  common  council  of  said  city,  with  the  con- 

levied  with  vo     .     '  J 

sfes"  sent  of  the  board  of  estimates,  may  cause  to  be  placed  upon  the  gene- 
ral tax  roll,  and  raised  by  tax  the  same  as  other  taxes,  such  sum  as 
they  may  think  proper  to  be  raised  for  each  of  the  several  objects  of 
expenditure,  estimated  as  aforesaid,  the  maintenance  and  improve- 
ment of  said  parks,  public  grounds  and  boulevards,  or  for  the  pay- 
ment of  any  other  expenses  which  said  commissioners  are  by  tins  act 
authorized  to  incur.  The  moneys  so  raised,  as  well  as  any  other 
moneys  received  from  any  source,  shall  be  paid  into  the  city  treasury 
and  credited  to  a  fund,  to  be  styled  the  "  park   and   boulevard   fund," 

Boulevard  fund  and  shall  be  expended  and  paid  out  only  for   the    purposes   approved 
by  the  said  common  council  and  board  of  estimates. 

(§  432.)  Sec.  10.  The  commissioners  s-hall  have  the  power  to 
expend  and  pay  out  of  the  moneys  belonging,  to  said  fund  for  the  pur- 
pose for  which  they  are  raised  respectively,  by  warrants  drawn  upon 
said  fund,  signed  by  the  president  and  secretary  of  said  commission- 
ers, which  shall  be  paid  by  the  city  treasurer.     No  debt  or  liability  of 

Xo  debts  shall 

be  cre.«ted  by     any  kind  shall  be  created  by  said  commissioners  during  any  one  fiscal 

commissioners. 

year  in  excess  of  the  moneys  then  in  said  fund,  or  which  may  have 
been  authorized  to  be  raised  by  said  common  council  for  such  year. 
The  commissioners  may  receive  donations  or  bequests  of  money  or 
property,  which  shall  be  used  for  the  maintenance  and  improvement 
of  the  grounds  under  their  charge,  or  either  of  them,  as  contemplated 
by  such  donation  and  bequest. 

Belle  i.sle  (§  433.)     Sec.  11.     The  bridge   connecting   Belle   Isle   with   the 

bridge  a  part  of 

Belle  Isle  park,  mainland  and  its  approaches  shall,  for  the   purposes   of  this  act,  con- 
stitute a  part  of  Belle  Isle  park,  and   said   commissioners   shall    have 


M..y  receive 
donations. 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT.  213 

I'AKKS  AND  BOULEVARDS.  CHAPTER    19 


the  custody  and  control  of  the  same,  subject  to  the  general  directions  Ocmmwsjoners 
of  the  common  council.  Said  commissioners  may  make  all  suitable 
and  needful  rules  and  regulations  respecting  the  use  of  said  bridge  Rules  for  use  of 
and  its  approaches  by  foot  passengers,  by  animals  and  vehicles  of 
every  kind,  including  railway  cars,  engines  or  motors,  and  may  pro- 
hibit the  use  of  such  bridge  by  such  persons,  animals,  cars,  engines  or 
motors,  as  in  their  judgment  may  be   injurious   to  the  proper  use  of 

_,,  .x,  •  Engineers  or 

said  bridge  or  park.*     They  may  appoint  the    necessary  engineers  or  bridge  tenders. 

bridge  tenders,  and  provide  for  +,he   payment   of  their   compensation. 

But  the  making  of  repairs  and  the  maintenance  of  said  bridge  shall  be  Repairs  ,md 

„.,  •iri  ,-.  maintenance  of. 

under  the  direction  and  supervision  of  the  appropriate  [department] 
departments  of  the  city  government,  and  subject  to  the  authority  of 
the  common  council;  and  the  expense  thereof  shall  not  be  made  a 
charge  upon  the  said  park  fund. 

(S  434.)     Sec.  12.     Said  commissioners  shall  receive  no   com  pen- Commissioners 

shall  receive  no 

sation  for  their  services,  and  any  one  of  them  shall  vacate  his  office  in  P fcyeg°r  sei ~ 
the  event,  of  his  accepting  or  holding   any  other   civil   office;  and  any  shall  not  hold 

other  office. 

commissioner  who  shall  be  publicly  nominated  by  any  political  con- 
vention for  any  office  elective  by  the  people,  and  who  shall  not  decline 
the  said  nomination  withinten  days  after  he  shall  have  been  informed 
thereof,  shall  be  deemed  to  have  vacated  his  office. 

(§435.)     Sec.   13.   ,  The  commissioners  shall    make  an   annual  re-  Annual  repor 

to  common 

port  to  the  common  council  of  their  doings,  and  of   the   expenditures  councl1- 
made  by  them,  and  showing  the  situation  and  condition  of  affairs  un- 
der their  control.     The  common  council  may   require   a   report  from 
said  commissioners  at   any  time,    and   the   records,  books,  papers  and 
accounts  of  the  commission  shall  at  all  times  be  subject  to  the  inspec-  inspectioi 
tion  of  the  mayor,  controller,   or  of  any  committee  appointed  by  the 
-common  council  for  that  purpose. 
•  Nfote  1 1  iippfii  lix. 


21  |  i.aws   RELATING   To   Till',   CITY  OF   DETROIT, 


Chapter  19.  parks  and  boule^  vrds. 


Exclusive  use  (§436.)     Sec.   U.     The    grounds   of   which    said   commissioners 

of  parks,  etc. 

may  have  the  control,  shh.ll  be  used  and  enjoyed  solely  for  the  pur 
ins  to  boHts.etc.  posea  for  which  they  were  established;  Provided,  That  privileges  for 
the  hiving  of  boats  and  vehicles  and  other  like  purposes  such  as  are 
usual  in  public  parks,  may  l>e  let  by  the  commissioners  for  the  cur- 
rent year;  but  the  same  shall  be  exercised  and  permitted  only  upon 
the  same  being  subject  to  their  supervision  and  direction,  and  to  such 
orders,  rules  and  regulations  as  they  may  make  at  any  time. 

Commissioners  (§  487.)     Sec.   15.     If  at  any  time  it  shall  appear  that  the  lines  of 

mav  make  map 

of  boulevard.  sa[^  boulevard,  authorized  by  said  act  approved  May  twenty-one, 
eighteen  hundred  and  seventy-nine,  have  not  been  legally  laid  out,  or 
established  as  provided  by  said  act,  the  commissioners  may  make  and 
certify  a  map  or  plat  showing  the  lines  or  location  of  said  boulevard, 
and  cause  the  same  to  be  recorded  in  the  office  of  the  register  of 
deeds  for  said  county.  The  commissioners  may  receive  conveyances 
granting  to  the  city  of  Detroit  lands  for  said  parks,  public  grounds  or 
boulevards,  and  with  the  approval  of  the  common  council,  may  agree 
with  any  person  having  an  interest  in  any  such  lands  for  the  purchase 
and  conveyance  to  said  city  of  the  same.    And  with  the  consent  of  said 

May  purchase  .  .  ,  ,         ,  ,  ,.  . 

land.  common  council  may  acquire  by  purchase  or  by    legal  proceedings  in 

the  manner  hereinafter  provided  any  lands  or  interest  in  land  which 
may  be  found  necessary  for  the  opening  of  any  park  and  enlargement 
or  extension  of  any  park  or  boulevard  which ,  may  hereafter  be  laid 
out,  located  or  established.  And  upon  such  acquisitions  being  made, 
to  cause  the  proper  conveyances  to  be  made  and  recorded,  and  the 
purchase  price  thereof,  as  well  as  for  any  compensation  to  be  paid  for 
any  lands  which  may  be  taken  or  condemned  by  proceedings  taken 
therefor,  as  hereinafter  provided,  may  be  paid  from  the  contingent 
fund  of  said  city,  or  may  be  raised,  if  the  common  council  fchall  so  de- 

M  lvissue  termine,  by  issue  of  bonds  to  be  known  as  park  and  boulevard  bonds, 

bonds  by  con-  '      J 

tof  council.  and  which  8hall  be  sigriedi   numbered,  recorded,  sold   and    issued,  in 


LAWS   RELATING    TO    THE    CITY   OF    DETROIT.  215 

PARKS  AND  BOULEVARDS.  CHAPTER    19 


like  manner  as  Detroit  sewer  bonds  are  by  the  city  charter  required 
and  authorized  to  be  made  and  issued.*  And  the  moneys  so  paid  or 
raised  shall  be  exclusive  of  the  amounts  raised  for  maintenance  and 
improvement  as  hereinbefore  provided. 

(§  438.)     Sec.   16.     Whenever  in  the  acquisition  of  any  land  which 

Acquisition  of 

said  commissioners  may  be  authorized  to   acquire,  said  commissioners  hind  hy}esa^ 

J  proceedings. 

may  find  it  necessary  or  expedient  to  make   such  acquisitions  by  legal 
proceedings,  as  hereinafter  provided,  said  commissioners  shall  present 
to  the  recorder's  court  of  the  city  of  Detroit  their  petition,  verified  by 
one  of  their  number,  their  secretary  or  attorney  who  may  be   appoint- 
ed to  conduct  such  proceeding,  briefly  setting  forth  the   grounds  and 
objects  thereof,  and  praying  that  a  jury  of   freeholders  may   be   em-  °bJect  of- 
panneled  to  ascertain  and  determine  the   necessity  for  the   taking  of  Necessity  for. 
such  lands,  and  to  determine  or  award  the  damages  or   compensation  Damage. 
to  be  allowed  to  the  respective  parties  entitled  thereto  for  such  tak- 
ings.    The  petition  shall  set  forth  the   description  of  lands   sought  to  Description  of. 
be  acquired,  the  purposes  for  which  the   same  are  sought,  the  names 

Name  of 

and  residences  of  the  owners  of  such  lands,  or  of  other  persons  hav-  owners- 
ing  interest  therein,  so  far  as  known;  and  if   any  of   such  persons  are  incompetent 

persous. 

infants,  idiots,  or  of  unsound  mind,  such  fact  shall  be  stated,  with  the 
age  of  such  infants.  It  shall  be  competent  to  unite  in  such  petition 
two  or  more  distinct  parcels  of  land,  though  owned  by  different  per- 
sons, and  parties  having  different  interests  or  estate  in  auy  land  ordn 
any  part  thereof  may  be  united  as  respondents  in  respect  to  the  same 
in  the  petition. 

(§439.)    Sec.  17.     Upon  filing  such  petition  the  court  shall  make  „        ,.         r 

0  '  '  v  Proceedings  of 

an  order  requiring  all  the  persons  named  in  said  petition  as  owners  or  petition. 

as  having  any  interest  in  any  of  said  lands,  upon  a  day  to  be  fixed,  to 

appear  and  show  cause,  if  any  they  have,  why  the  prayer  of  said  peti 


Note  15  A  ppendix. 


2l6 


LAWS    RKI.ATINC.    TO    Till'    CITV   OK   DKTROIT. 


Ol  Ml  IK     19. 


r  IRKS    \M>  BOl  I  I  \  VRDS. 


on  persons 
interested. 


Copy  of  petition  tion  shall  not  be  granted.     A  copy  of  said  petition,  with  a  copy  of  the 
shall  be  served 

order  of  the  court  thereon,  thall  be  served  on  all  the  persons  shown 
by  the  petition  to  be  interested  therein,  at  least  rive  days  before  the 
day  fixed  for  hearing.  Proof  of  such  service  shall  be  filed  in  said 
court,  and  may  be  made  by  the  affidavit  of  the  person  who  made  the 
same,  or  by  the  otlicial  certificate  of  the  sheriff  of  the  county  in  which 
said  service  may  be  made,  his  under  sheriff  or  deputy,  showing  when 
such  service  was  made  by  such  officer. 


Service  of 
notice. 


On  residents 


On  incompetent 
persons. 


Non-residents 


Publication 

of  notice  . 


(§  440.)     Sec.  18.     Such  service  shall  be  made  as  follows: 

First,  When  his  or  her  residence  is  known,  upon  the  persons  in- 
terested, unless  an  infant  under  fourteen  years  of  age,  an  idiot,  or  per- 
son of  unsound  mind,  either  personally  or  by  leaving  such  copy  prop- 
erly directed  at  his  or  her  usual  place  of  residence,  with  some  person 
of  suitable  age  found  living  there; 

Second,  If  any  person  on  whom  service  is  made  is  an  infant  under 
the  age  of  fourteen  years,  an  idiot  or  person  cf  unsound  mind,  and  re- 
sides in  this  state,  such  service  will  be  made  as  aforesaid,  on  his 
guardian,  or,  if  none,  then  on  the  person  who  has  the  care  of, or  with 
whom  such  infant,  idiot  or  person  of  unsound  mind  resides; 

Third,  If  the  residence  of  any  person  so  interested  shall  be  un- 
known, or  if  he  shall  reside  out  of  this  state,  then  such  service  may  be 
made  by  publishing  a  notice  once  a  week  for  at  least  six  successive 
weeks  before  the  day  of  hearing',  in  some  daily  newspaper,  published 
in  the  city  of  Detroit,  which  notice  shall  briefly  state  the  object  of  the 
petition  so  far  as  such  interested  person  is  concerned,  and  a  brief 
description  of  the  land  sought  to  be  taken  in  which  he  is  interested 
and  if  the  postoffice  address  of  such  person  be  known,  a  copy  of  such 
petition  and  notice  shall  be  deposited  in  the  postoffice  at  Detroit,  a 
least  thirty  days  previous  to  the  day  of  heariug  .directed  to  such  per- 
sor,  at  his  place  of  res'dence  or-  postoffice  address,  as  near  as  may  be 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT.  217 

PARKS  AND  BOILEVARDS.  CHAPTER  19 


postage  prepaid.  Proof  of  such  publication,  or  the  mailing  of  such 
copy,  may  be  made  by  affidavit  and  filed  in  said  court. 

(§  441.)     Sec.  19.     On  the  hearing  of  the  petition  and  in  all  sub- Hearing  of 

petitions. 

sequent  proceedings,  any  infant,  idiot  or  person  of  unsound  mind, 
may  be  represented  by  his  or  her  guardian,  but  if  there  shall  be  no 
such  guardian  or  he  shall  not  appear  at  the  hearing  to  represent  such 
infant,  idiot  or  person  of  unsound  mind,  then  the  court  shall,  before 
proceeding  with  the  hearing,  appoint  some  disinterested  person  as 
guardian  ad  litem,  to  protect  the  interests  of  the  person  for  whom  he 
was  so  appointed,  and  the  court  shall  likewise  appoint  a  suitable  per- 
son to  represent  and  protect  the  interests  of  any  person  who  may  be 
stated  in  such  petition,  to  have  interests  in  said  land,  but  whose  name 
is  unknown,  or  whose  residence  is  unknown,  or  who  is  a  non-resident 
of  this  state,  and  who  does  not  appear  in  his  own  behalf,  or  is  not  other- 
wise represented. 

(§  442.)     Sec  20.     In  all  cases  not  otherwise   provided  for,  ser-„ 

v"  r  Service  or 

vice  of  orders,  notices,  and  other  papers  in  the  proceedings  authorized  notprovide^foi 

by  this  Act,  may  be  made  as  the  said   eourt  or  the  judge  thereof  may 

direct, 

(§  448.)     Sec.  21,     The  day  of  hearing  may  be  adjourned  at  the 

May  be 

discretion  of  the  court,   and   if   at   the   hearing  no  sufficient  cause  be  adjourned 

shown  against  the  petition,  the   prayer  thereof  may  be  granted.      It 

shall  be  competent  for  the   commissioners,  with  leave  of  the  court,  or 

for  the  court  for  any  good  reason   shown,  to  dismiss  the  petition  as  to  May  be 

dismissed 

one  or  more  distinct  parcels  of  land  sought  to  be  acquired,  or  as  to 
one  or  more  of  the  respondents,  and  to  proceed  with  the  residue.  If 
the  prayer  of  the  petition  is  granted,  the  court  shall  order  the  sheriff 
ol  the  county  to  select  at  least  twenty-four  persons,  freeholders  of 
said  city,  from  whom  a  jury  shall  he  empaneled  in  the  cause,  and  the 
names  of  said  twenty-four  or  more   persons  having  been  selected  and 


218  CAWS    RELATING    TO  THE   CITY   OF    DETROIT. 

Chapter  19.  parks  and  boulevards. 


returned  by  the  said  sheriff  as  directed  by  said  order,  the  court  shall 
thereupon  cause  such  persons  to  be  summoned  by  the  usual  process 
of  venire  to  attend  the  court  on  a  day  to  be  named  in  said  venire  to 
serve  as  jurors;  and  shall  then  adjourn  all  further  proceedings  on  said 
petition  to  the  return  day  of  said  venire.  Said  venire  shall  be  served 
bj  the  sheriff  or  his  deputies  as  in  other  cases.  On  the  return  day  of 
said  venire,  the  court  shall  proceed  to  empanel  a  jury  of  twelve  disin- 
terested freeholders  from  persons  so  drawn  and  summoned;  and  if 
such  jury  cannot  be  found  from  the  persons  who  shall  attend  upon 
such  summons,  or  if  so  many  of  the  persons  summoned  shall  be  ex- 
cused or  shall  be  rejected  by  the  court,  upon  challenge  or  otherwise, 
that  there  shall  not  be  a  sufficient  number  left  to  constitute  a  jury, 
the  court  shall  order  the  sheriff  of  said  county  forthwith  to  summons 
immediately  other  freeholders  of  the  said  city  to  attend  as  jurors  un- 
til a  panel  of  twelve  qualified   jurors  shall  be  obtained.      Such  jurors 

Jury  to  deter- 
mine necessity    shall  then  be  sworn  to  ascertain  and  determine  the  necessity  of  taking 
of  taking  land.  •>  _       ° 

the  several  parcels  of  land  sought  to  be  taken  for  the  purpose  set  forth 
in  the  petition,  and  if  taken,  to  determine  and   award  to  each  person 

Compensation 

for  land  taken.  entj.tled  thereto  the  proper  compensation  to  be  allowed  for  his  or  her 
interests  in  the  land  so  taken.*  In  empaneling  a  jury*,  the  practice 
and  proceedings  shall  be  the  same  as  in  ordinary  civil  suits,  so  far  as 
practicable.  Two  peremptory  challenges  shall  be  allowed  to  the  com- 
missioners, and  the  respondents  collectively  shall  be  entitled  to  the 
same  number.  If  any  juror,  after  being  sworn,  shall  die  or  become 
unable  to  discharge  his  duties,  the  court  may  appoint  another  qualified 
person  to  serve  in  his  place,  who  shall  be  sworn  and  take  his  place 
upon  the  jury,  or  may,  in  its  discretion,  empanel  a  new  jury. 

Further  duties  (§  444-)     Skc.  22.      The  jury  shall  hear  the  proofs  and  allegations 

of  jury.  « 

of  the  parties  and  the   arguments  of   counsel,  and  if  so  ordered  by  the 

court,  shall  go  to  the  place  of  intended  improvement  in  charge  of  an 

*Note  16  Appendix. 


LAWS   RELATING   TO   THE   CITY    OK   DETROIT.  2I<> 

PARKS  AND  liOl'LEVAkDS.  CHAPTER  19 


officer,  and  upon,  or  as  near  as  practicable,  to  any  property  proposed 
to  be  taken,  and  examine  the  premises.  They  shall  be  instructed  as 
to  their  duties  and  the  law  in  the  case  by  the  court,  and  shall  repair, 
in  the  charge  of  an  officer,  and  render  their  verdict  in  the  same  man- 
ner as  on  the  trial  of  an  ordinary  civil  suit.  The  testimony  given  shall  Testimony 
be  reported,  all  objections  made  and  rulings  of  the  court  thereon,  and  reported, 
exceptions  taken,  being  noted  by  the  regular  court  stenographer,  and 
the  charge  of  the  court  or  instructions  given  to  the  jury  shall  likewise 
be  reported  by  him.  The  jury  shall  consider  and  report  in  writing  on 
each  distinct  parcel  of  land,  and  the  interests  in  the  same  separately, 
and  when  all  is  finished  bring  the  report  into  court,  and  the  same  shall 
be  filed  with  the  clerk.     A  disagreement  of  the  jury  as  to  one  or  more  Disagreement 

of  jury. 

distinct  parts  of  land  shall  not  affect  their  report  as  to  any  lands  in  re- 
gard to  which  they  have  agreed;  and  upon  such  disagreement  the 
court  may,  upon  motion  of  the  commissioners,  with  a  view  to  further 

proceedings,  permit  the  petition  to  b^  so  amended  as  thereafter  to  re- 
Petition  may 

late  only  to  the  premises   affected   by  such   disagreement   and  to  the  be  amended 

persons  interested  therein,  and  may  also  cause  a  new  jury  to  be  drawn 

and   empaneled,  which   new  jury  shall   be   drawn  and  empaneled  in 

the  same  manner  as  above   provided   for   the   drawing  of  the  original 

jury,  and  like  proceedings  as  above  provided  shall  thereupon  be  had 

as  to  the  lands  concerning  which  there  was  such  failure  to  agree,  and 

such  new  proceedings  may  be  ordered  by  the  courts  as  often  as  may 

be  necessary. 

(§  445.)     Sec.  23.     The   court  may  allow  the  jury  to  take  with  juiy  to  have 

use  of  maps,  etc 
them  when  they  retire   proper  descriptions  of   the  lands  sought  to  be 

taken,   as    well   as   maps   of   the   same,   and  of  the  premises  adjacent 

thereto,  showing  the  proposed  improvement,  and  such  other  papers  as 

the  court  in  its  discretion  may  deem  it  proper  for  them  to  have.     The 

\  erdict  maj 

verdict    of   the   jury   may   be   set  aside   by  the  court  and  a  new  trial  be  sel  aside- 
ordered  for  objections  of  law,  and  for  matters  of  substance,  but  aot  for 


CAWS    RELATING    TO   THE   CITY  OF  DETROIT. 
Chapter  111.  parks  and  boulea  irds. 


objectiODS  us  to  matters  of  form,  in  the  same  manner  and  on  the  same 
grounds  :is  in  ordinary  civil  actions  in  courts  of  general  jurisdiction, 
and  amendments  either  in  form  or  substance  of  the  petition,  process 
and  proceedings  may  be  allowed,  but  if  by  such  amendments  new 
parties  are  added  to  the  proceedings  an  order  shall  be  made  for  their 
appearance,  and  a  copy  thereof  and  of  the  petition  shall  be  served 
as  may  be  directed  by  the  court,  and  the  proceedings  shall  be  ad- 
journed a  sufficient  length  of  time  to  enable  such  service  to  be  made 
and  the  party  given  a  reasonable  time  in  which  to  appear.  The  court 
may,  before  the  jury  is  finally  discharged,  refer  their  verdict  and  find- 
ing back  to  them,  for  the  correction  of  any  errors,  defects  or  in- 
sufflciences  therein  contained. 

court  may  (§  446.)     Sec.  24.     The  court,  upon  motion  of  the  commissioners, 

confirm  renort. 

may  confirm  any  report  made  as  aforesaid  unless  good  cause  shall  be 
shown.  But  if  such  cause  is  shown,  the  court  may  set  aside  any  re- 
port and  order  a  new  jury  and  new  proceedings  as  in  case  of  the  fail- 
ure of  the  jury  to  agree.  And  upon  motion  of  said  commissioners,  as 
well  as  upon  the  motion  of  any  of  the  respondents,  may  grant  a  new 
trial  and  order  a  new  jury  as  [in]  is  case  of  the  failure  of  a  jury  to 
Motion  for         agree.     But  motions  for  a  new  trial   shall   be   made  within  two  days 

shall  be  made 

wiihintwo  after  rendition  of  the  verdict  or  within  such  further  time  as  shall  be 
allowed  by  the  court,  and  if  no  such  motion  is  made,  or,  being  made, 
is  overruled,  the  court  shall  enter  an  order  confirming  the  verdict  of 
the  jury,  and  such  order  shall  be  final  and  conclusive  as  to  all  persons 
interested  therein. 


New  trial  may 
be  had. 


afler  confirma 
tion. 


•Order  of  com  (8  447.)     Sec.  25.     Upon  the  confirmation  of  anv  report,  the  court 

shall  make  a  proper  order  declaring  that  all  the  title  of  the  persons 
who  have  been  made  parties  as  interested  in  the  lands  in  question  (a 
description  of  which  shall  bf  embodied  in  said  order)  shall,  upon  pay- 
ment, tender  or  deposit  of   the  compensation   as   required  by  this  act 


LAWS   RELATING   TO   THE   CITY   OF    DETROIT. 


I  AKKS  AND  BOULEVARDS.  CHAPTER    19 


become  and  be  vested  in  the  city  of  Detroit,  its  successors  and  as- 
signs forever,  for  the  uses  and  purposes  for  which  the  same  was  taken. 
A  certified  copy  of  such  order  may  be  recorded  in.  the  office  of  the 
register  of  deeds  for  "Wayne  county,  and  have  the  same  effect  as  a  re- 
corded deed.* 

(§  448.)     Sec.  26.     Any  party  interested  in  any  of  the  lands  so 

Appeal  may    be 

sought  to  be  acquired  who  shall  deem  himself  aggrieved  by  such  final  taken, 
order,  or  said  commissioners,"  may  appeal  therefrom  to  the  supreme  proceedino.s  in 
court,  which  appeal  shall  be  in  writing  and  riled  with  the  clerk  of  the 
court  within  five  days  after  the  making  of  said  final  order.  The  party 
so  appealing  shall,  within  ten  days  after  the  making  of  such  order, 
draw  up  a  statement  in  the  nature  of  a  bill  of  exceptions,  containing  so 
much  of  the  evidence  and  other  proceedings  as  shall  be  sufficient  to 
fairly  present  the  question  to  be  raised  thereon,  and  present  the  same 
to  the  judge  for  his  signature,  and  shall  at  the  same  time  serve  a  copy 
of  the  same  on  the  attorney  of  the  appellee,  who  may  propose  amend- 
ments thereto;  and  said  judge  shall  within  ten  days  after  said  bill  is 
presented,  cause  said  bill,  if  necessary,  to  be  corrected  according  to 
the  true  facts  of  the  case,  and  shall  sign  the  same  and  file  it  with  the 
clerk  of  said  court,  who  shall  forthwith  make  a  transcript  of  the  files 
and  entries  in  said  case,  and  certify  such  transcript  with  said  bill  of 
exceptions  to  the  supreme  couit,  who  shall  thereupon  have  full  juris- 
diction to  determine  the  ease.  Assignments  of  error  shall  be  made 
and  filed  as  in  cases  determined  on  writ  of  error;  if  error  shall  be 
found  the  supreme  court  shall  reverse  the  order,  so  far  as  it  affects  the 
party  appealing,  and  remand  the  case  [to]  of  the  recorder's  court,  for 
further  proceedings,  where  the  case  admits  of  the  same,  and  said 
court  may  permit  all  amendments  needful  to  limit  such  further  pro- 
ceedings to  the  premises  affected  by  such  appeal  and  the  persons  in- 
terested therein,  or  for  the  same  purpose   to  permit  a  supplemental 

♦Note  17  Appendix. 


LAWS   KHI.ATIM".   TO  THE   CITY   OV   DETROIT. 


Chapter  1U,  parks  ami  boi  i  b  \ 'ards. 

petition  to  be  Bled;  but  in  that  case  it  shall  not  again  be  necessary  to 
serve  process  or  give  new  notice  unless  it  be  necessary  in  order  to 
bring  in  new  parties.  Said  court  may  cause  a  new  jury  to  be  drawn 
and  empaneled  and  the  case  may  be  proceeded  with  in  like  manner 
as  upon  an  original  petition.  The  appeal  of  one  or  more  persons  in- 
terested in  a  final  order  shall  not  in  any  way  affect  said  order  as  to  the 
other  persons  interested  therein  who  do  not  appeal,  nor  as  to  any  lands 
or  interests  in  lands  in  which  the  appellants  have  no  interests. 

jurors' fees,  etc.  (§  449.)  Sec.  27,  Jurors  in  said  proceedings,  and  all  officers 
who  shall  render  any  services  in  said  proceedings,  shall  be  entitled  to 
the  same  fees  which  are  allowed  for  like  purposes  in  ordinary  cases 
of  opening  streets  and  alleys  in  said  city,  commenced  in  said  record- 
er's court.*  And  the  persons  appointed  to  represent  absent  or  other 
respondents,  as  above  provided,  shall  be  paid  such  sum  as  the  court 
may  deem  reasonable,  and  the  said  expenses  shall  be  paid  by  the  city 
in  like  manner  and  out  of  the  fund  above  mentioned  from  which  com- 
pensation for  land  taken  is  directed  to  be  paid. 

„  ,  (8  450.)     Sec.  28.     Within  one  year  after  the  confirmation  of  the 

Payment  of  vo  '  J 

verdict  of  the  jury,  or  after  judgment  of  confirmation  shall  be  affirmed 
on  appeal,  the  commissioners  shall  pay  or  tender  to  the  respective 
persons  entitled  to  receive  the  same,  damages  and  compensation 
awarded  for  taking  such  private  property.  And  in  case  any  person 
shall  refuse  the  same,  be  unknown,  or  be  a  non-resident  of  said  city, 
or  cannot,  with  reasonable  diligence,  be  found  in  said  city,  or  for  any 
reason  be  incapacitated  from  receiving  his  amount,  or  the  right  thereto 
be  disputed  or  doubtful,  the  commissioners  may  deposit  the  amount 
awarded  in  such  case  with  the  city  treasurer,  who  shall  on  demand 
pay  the  same  over  to  any  person  entitled  and  competent  to  receive  it, 
taking  their  receipt  therefor.     Upon  such  payment,  tender  or  deposit 

*>>ote  18  Appendix. 


LAWS   RELATING   TO   THE    CITY   OF   DETROIT.  223 


PARKS  AND  BOULEVARDS.  CHAPTER    19 


•  the  commissioners  may  enter  upon,  take  possession  of,  and  convert 
such  private  property  for  the  uses  and  purposes  for  which  it  was 
taken,  and  may  remove  all  buildings,  fences  or  other  obstructions 
therefrom. 

(§  451.)    Sec.  29.     The  estate,  right,  title  and  interest  in  any  and  Original 

boulevard 

all  lands,  which  have  heretofore  become  vested  for  the  use  of  a  boule-  pr°perty  vested 

in  city  of 

vard  in  either  of  the  townships  of  Hamtramck,  Greenfield  or  Spring-  Detroit- 
wells,  under  the  provisions  of  an  act  entitled  "An  act  to  provide  for 
the  establishment  and  maintenance  of  a  broad  street  or  boulevard 
about  the  limits  of  the  city  of  Detroit,  and  through  portions  of  the 
townships  of  Hamtramck,  Greenfield  and  Springwells,  in  the  county 
of  Wayne,"  approved  May  twenty-one,  eighteen  hundred  and  seventy- 
nine,  and  which  lauds  are  now  included  within  the  limits  of  the  city 
of  Detroit,  are  hereby  transferred  to  and  vested  in  the  city  of  Detroit 
for  the  same  use  and  purpose. 

(§  452.)    Sec.  30.     From  and  after  the  due  appointment  and  or-  Previous  act 

repealed. 

ganization  of  the  commission  authorized  by  this  Act,  act  number 
three  hundred  and  seventy-four,  local  acts  of  eighteen  hundred  and 
seventy-nine,  entitled  "  An  act  to  provide  for  the  establishment  and 
maintenance  of  a  broad  street  or  boulevard  about  the  limits  of  the  city 
of  Detroit,  and  through  portions  of  the  townships  of  Hamtramck, 
Greenfield  and  Springwells,  in  the  county  of  Wayne,"  approved  May 
twenty-one,  eighteen  hundred   and  seventy-nine,  shall  become  and  be 

Proviso  relative 

repealed;  Provided,   I  hat  such  repeal  shall   not  impair  or  affect  any  to  property, 
acts  done  or  rights  accrued  or  acquired  under  said  act.      (This  Act  is 
ordered  to  take  immediate  effect.     Approved  May  8,  1889.) 


(§  453.)     Sec.  31.     The  commissioners  may  make  rules  and  regu-  Com 


missioners 


lations  as  to  sidewalks  on  the  boulevard,   and   as   to  their  width  andruiesasto 

sidewalks  on 

location,  and  may  describe   the  material  and  manner  in  which  they the  boulev:iri1- 
shall  be  constructed  on  the  several  portions  thereol.      It  shall  be  the 


224  '   ^vs    RELATING   TO   THE   C!TY   OF   DETROIT. 


l.   HAP  II  K  19.  PARKS    VND  Bl  IULEVARDS, 


«  ners  duly  of  the  owners  and  occupant*  of    lands  abutting  on  the  boulevard 
and  occupants 

''ilkCiiu'- "'  '"  construd  and  keep  all  such  walks  in  good  repair  and  in  suitable 
condition  for  travel  thereon.  Whenever  in  the  judgment  of  said  com- 
missioners the  construction  or  repairing  of  any  sidewalk  in  fiont  of 
or  adjacent  to  any  such  lands  is  necessary  they  shall  notify  the  owner 
his  agent  or  the  occupant  thereof  to  construct  or  repair  said  sidewalk; 
if  for  the  construction  of  a  newT  walk  such  notice  shall  specify  the 
kind  of  material  and  the.  location  where  the  same  is  required  to  be 
laid.  Such  notice  shall  further  state  the  time  within  which  such  side- 
walk is  required  to  be  laid  or  repaired.  If  the  owner  or  occupant  of 
any  such  lauds  shall  neglect  to  construct  or  repair  such  walk  within 

Commissioners  the  time  specified  in  such  notice,  the  commissioners  may  cause  the 

may  construct 

walks.  same   to  be  constructed  or  repaired,   and  they  shall  thereupon  report 

to  the  common  council  the  amount   of  expense   thereof,  and  the  sum 

Assessments      so  reported  shall  be  assessed  upon  the  lands  in  front  of  or  adjacent  to 

for  sidewalks. 

which  the  said  walk  was  built  or  repaired,  which  assessment  shall  be 

a  lien  on  said  lands  until  paid,  and  shall  be  levied  and  collected  and 

in  like  manner  and  by  the  same  officers  as  other  assessments  for  the 

construction  or  repairing  of  sidewalks  are  levied  and  collected.      If 

said  commissioners  shall  deem  the   condition  of  any  walk  to  be  dan- 
Dangerous  •" 

walks  may  be  ,.  .  .  „     ,, 

repaired  or        gerous  to  persons  traveling  thereon,   the   owner   of   the   premises  in 

rebuilt  bv  Com- 
missioners,        front  of  which  such  walk  may  be  shall    be  considered  in  default,  and 

the  commissioners  may  proceed  at  once  without  notice  to  construct  or 
repair  the  walk,  and  to  report  the  amount  of  the  expense  to  the  com- 
mon council  for  assessment  on  said  premises,  as  above  provided.  The 
moneys  received  from  collections  of  such  assessments  shall  be  credited 
to  the  funds  from  which  the  cost  of  construction  or  repair  shall  be 
paid,  and  any  owner  of  lands  so  neglecting  to  build  or  repair  shall  be 
liable  to  the  city  for  damages  which  shall  be  recovered  against  the 
city  for  any  injuries  received  by  any  person  by  reason  of  such  neglect. 
(As  amended  by  Act  approved  May  29,  1893.) 


LAWS    RELATING   TO    THE    CITY    OF    DETROIT.  225 

I'ARKS  AND  BOULEVARDS.  CHAPTER    li» 


BONDS  FOR  IMPROVEMENT  OF  THE  BOULEVARD. 

An  Act  to  empower  the  Common   Council   of  the    City  of  Detroit  to 
borrow  money  for  the  purpose  of  improving  the  boulevard. 

(§  454.)     SECTION  1.      The  people  of  the  State  of  Michigan  enact, 

Common    coun- 

That  for  the  purpose  of  the  improvement  of  the  broad  street  or  boule-  cil  may  borrow 

money  for 

vard,  in  and  around  the  city  of  Detroit,  established  pursuant  to  act  boulevard, 
number  three  hundred  and  seventy-four  of  the  local  acts  of  the  legis- 
lature of  the  state  of  Michigan,  approved  May  twenty-one,  eighteen 
hundred  and  seventy-nine,  authorizing  the  establishment  of  such 
street  or  boulevard,  the  common  council  of  said  city,  with  the  ap- 
proval of  the  board  of  estimates  thereof,  shall  have  power  to  borrow 
upon  the  best  terms  it  can  make,  and  for  such  time  as  it  shall  deem 
expedient,  a  sum  of  money  not  exceeding  five  hundred  thousand  dol-  Not  to  exceed 
lars,  upon  the  credit  of  the  city  of  Detroit,  and  shall  have  authority 
to  issue  bonds  pledging  the  faith  and  credit  of  said  city  for  the  pay-  May  issue 
ment  of  the  principal  and  interest  of  said  bonds,  which  bonds  shall  be 
denominated,  "  Boulevard  improvement  bonds  of  the  city  of  Detroit,' 
and  shall  bear  interest  at  a  rate  not  exceeding  five  per  cent  per  an- 
num. The  controller  shall  keep  an  accurate  register  of  all  said  bonds 
issued,  showing  the  number,  date  and  amount  of  each  bond,  and  to 
whom  the  same  was  issued.  And  the  money  raised  by  such  bonds 
shall  be  expended  solely  for  the  purpose  of  the  improvement  of  said 
boulevard.  (This  Act  is  ordered  to  take  immediate  effect.  Approved 
May  8,  188(J.) 


J  JO 


I'll  \1'T1   R    19 


LAWS    KKI.ATINO    TO    THE    CITV    OF    DETROIT. 


•  \KlvS    ,\M>     IllUM   I   VAHDS 


liONDS    FOB    IMPROVEMENT   OF    RELLE    ISLE    PARK. 

An    Act   to  empower    the    Common    Council  of  the  City  of  Detroit 
to    borrow  money  for  the  purpose  of  the  improve- 
ment of  Belle  Isle  Park. 


Purpose 
of  loan. 


Authority  to 
borrow  and 
issue  bonds. 


Rate  of 
interest. 


Disposition 

of  money. 


Proviso. 


(§  455.)  Section  1.  The  people  of  the  State  of  Michigan  enact  y 
That  for  the  purpose  of  the  improvement  of  Belle  Isle  Park,  in  the 
Detroit  river,  the  common  council  of  the  city  of  Detroit  shall  have 
power  to  borrow,  upon  the  best  terms  it  can  make,  and  for  such  time 
as  it  shall  deem  expedient,  a  sum  of  money  not  exceeding  four  hun- 
dred thousand  dollars,  upon  the  credit  of  the  city  of  Detroit,  and  shall 
have  authority  to  issue  bonds  pledging  the  faith  and  credit  of  said 
city  for  the  payment  of  the  principal  and  interest  of  said  bonds,  which 
bonds  shall  be  denominated  "  Park  improvement  bonds  of  the  city  of 
Detroit,"  and  shall  bear  interest  not  exceeding  five  per  cent  per  an- 
num. The  controller  shall  keep  an  accurate  register  of  all  said  bonds 
issued,  showing  the  number,  date  and  amount  of  each  bond,  and  to 
whom  the  same  was  issued.  And  the  money  received  for  such  bonds 
shall  be  expended  solely  for  the  improvement  of  said  Belle  Isle  Park: 
Provided,  That  not  more  than  one  hundred  thousand  dollars  of  said 
bonds  shall  be  issued  and  expended  in  any  one  year. 


Question  to  be  (§  456.)    Sec  2.     Such  money  shall  not  be  borrowed,  nor  such 

submitted 

to  electors.  bonds  issued,  unless  a  majority  of  the  qualified  electors  of  the  city  of 

,r.        r  Detroit,  votine;  at  the  annual  charter  election  to  be  held  in  said  city  in 

I  ime  of  '  °  J 

eighteen   hundred   and   eighty-nine,   voting  on  said  loan,  shall  so  de- 
termine; and  the  common  council   of   said   city  is   hereby  authorized 


I.AWS   RELATING   TO   THE    CITY    OK   DETROIT.  227 

PARKS  AND    BOULEVARDS.  CHAPTER    19 


and  required  to  give  notice  of  submitting  the  question  of  said  loan  to  Notice  thereof 
the  qualified  electors  of  said  city  by  giving  due  notice  thereof,  and 
causing  the  date,  places  of  voting  and  object  of  said  election  to  be 
stated  in  printed  or  written  notices  and  posted  in  six  public  places  in 
each  voting  precinct  in  said  city,  not  less  than  six  days  before  said 
election,  and  publishing  the  same  :n  one  or  more  of  the  daily  papers 
published  in  said  city  for  three  days  prior  to  said  election,  which  no- 
tices shall  state  the  amount  of  money  proposed  to  be  borrowed  and 
the  amount  of  bonds  to  be  issued. 

(#  457.)     Sec.  3.     The  vote   upon   such   proposition  shall  be   by 

Vote  to  be  by 

ballots,  either  written  or  printed,  or  partly  written  or  printed;  ballots  ballot- 
in  favor  of  such  proposition  shall  be  in  the  following  words:  "For Ballots, 
issuing  park  bonds — Yes;"  and  the  ballots  against  the  same  shall  be 
in  the  following  words:  "  For  issuing  park  bonds — No;"  and  it  shall 
be  the  duty  of  said  common  council  to  provide  at  the  polls  of  each 
voting  precinct  ■  of  said  city  during  the  whole  time  while  the  same 
shall  be  open,  a  sufficient  number  of  said  ballots,  both  for  and  against 
such  proposition,  as  shall  be  necessary  to  supply  all  the  electors  desir- 
ing to  vote  thereon;  the  election  shall  be  conducted,  the  votes  can- 
vassed and  returns  made  in  all  respects  as  in  other  elections  held  in 
said  city,  and  immediately  upon  the  conclusion  of  such  canvass  the 
board  of  city  canvassers  of  said  city  shall  make  and  sign  a  certificate 
showing  the  whole  number  of  votes  cast  upon  such  proposition,  and 
the  number  for  and  against  the  same  respectively,  and  said  city  can- 
vassers shall  indorse  upon  such  certificate  a  declaration  in  writing  of 
the  result  of  such  election,  which  certificate  and  declaration  shall  then 
be  filed  with  the  city  clerk  and  entered  at  large  upon  the  records  of 
said  city,  and  a  copy  of  said  certificate  and  declaration,  certified  to  by 
said  city  clerk,  shall  be  filed  by  him  with  the  county  clerk  of  Wayne 
county.  (This  Act  is  ordered  to  take  immediate  effect.  Approved 
June  21,  1889.) 


Canvass  of 
the  votes. 


!28 


<.'!!  M-l  I    K    14*. 


CAWS    RELATING    TO   THE   CITV   OV    DETROIT. 


'ARKS    \NH  BOULEVARDS. 


LANDS    FOB    PARKS   OUTSIDE   OP   CITY   LIMITS. 

An  Act  to  authorize  the  City  of  Detroit  to  acquire  land  outside  of  the 
limits  of  said  city,  for  use  as  public  parks,  public  grounds 
and   boulevards,  and  to  regulate  and  im- 
prove the  same, 

($  458.)     Section  1.      The  people  of  the  State  of  Michigan  enact, 
Commissioners 
may  receive        That  the  "commissioners  of   parks   and   boulevards"  of  the  city  of 

donations 

of  lands.  Detroit  shall  have  power  to  receive   donations  or  bequests  granting  to 

the  city  of  Detroit  lands  in  the  county  of  Wayne,  and  distant  not  to 
exceed  four  miles  from  the  corporate  limits  of  said  city,  for  use  as 
public  parks,  public  grounds  or  boulevards;  and  in  all  respects  to 
devote  such  lands  to  such  public  or  corporate  purposes  as  are  the 
parks,  public  grounds  and  boulevards  already  established  in  and  about 
said  city. 

(§  459.)  Sec.  2.  The  commissioners  of  metropolitan  police  for 
the  city  of  Detroit  shall  have  full  police  powers  and  jurisdiction  over 
the  lands  so  acquired,  the  same  as  though  such  lands  were  within  the 
corporate  limits  of  the  city  of  Detroit,  and  upon  request  of  said  "com- 
missioners of  parks  and  boulevards  "  may  detail  for  service  in  anjr  of 
such  grounds  so  many  of  the  police  force  as  may  be  necessary  to  main- 
tain order  and  protect  the  property  thereon,  and  any  policeman  on 
duty  on  said  ground  may  remove  therefrom  any  person  who  may  vio- 
late any  of  the  rules  and  regulations  of  said  commissioners. 


Police'Com- 
missioners 
shall  have 
police  powers 
over  lands 
donated. 


May  detail 
policemen. 


Extension  of  (§  460.)    Sec.  8.     The  common  council  of   said  city  shall  have 

public  lighting, 

nre,  water  and    p0Wer  to  authorize  the  extension   of  the   public  lighting,  fire,  water 
sewerage  * 

and  sewerage  systems  of  the  city  to   said   parks,  public  grounds  or 


LAWS    RELATING   TO   THE    CITY   OE   DETROIT.  229 

PARKS  AND  BOULEVARDS.  CHAPTER    19 


boulevards,  whensoever  the  said  "  commissioners  of  parks  and  boule- 
vards "  shall  request  and  the  said  council  shall  deem  the  same  advis- 
able: Provided,  That  the  construction  of  such  extensions  shall  be 
without  cost  to  the  city. 

(§461.)    Sec.  4.     The  powers  conferred  by  this  Act  shall  be  ex-  Powers  to  be 

exercised  under 

ercised  and  carried  out   in   compliance  with   the  city  charter  and  the  charter  and 

Park  and 

acts  creating  the  board  of  estimates  and  board  of  "  commissioners  of  boulevard  act. 
parks  and  boulevards  "  of  said  city.     (Approved  May  25,  1893.) 


2 30  LAWS    RELATING    TO   THE   CITY   OF   DETROIT. 

Chapter  19.  parks  and  boulevards. 


ESTABLISHMENT   OP    BOULEVARD. 

An  Act  to  provide  for  the  establishment  and  maintenance  of  a  broad 

street  or  bonlevard  about  the  limits  of  the  City  of  Detroit  and 

through  portions  of  the   townships  of  Hamtramck, 

Greenfield  and  Springwells,  in  the  County  of 

Wayne.     (Act  No.  374,  Local  Acts, 

1879,   approved    May 

21st,  1879.) 

This  Act  having  become  inoperative  by  annexation  to  the  city  of 
Detroit,  of  the  portions  of  the  township  in  which  the  boulevard  was 
laid  out  and  by  the  enactment  of  the  law  creating  the  "commissioners  of 
parks  and  boulevards,"  only  those  portions  relating  to  the  organization 
of  the  "  board  of  boulevard  commissioners  "  and  to  the  laying  out  of 
the  boulevard  are  printed  in  this  compilation. 

(§  462.)      Section   1.      The   People  of  the    Stale  of  Michigan  enact 

That  in  the   city   of   Detroit  and   in   the   townships   of   Hamtramck 

Establishment    Greenfield  and  Springwells,  in  the  county  of  Wayne,  there  shall  be 

of  board. 

established  a  board  of  commissioners,  to  be  known  as  the  "  board  of 
boulevard  commissioners,"  who  shall  be  a  body  corporate  and  politic, 
and  shall  have  power  to  sue  and  be  sued,  and  such  express  powers 
and  duties  as  shall  be  prescribed  by  this  Act,  and  such  implied  powers 
and  duties  as  shall  be  necessary  and  proper  to  carry  info  execution 
and  effect  the  express  powers  and  duties  herein  prescribed. 

(8  4G3.)     Sec.  2.     The   said   board   shall  be  composed  of  the  fol- 
Board,  how 

composed.         lowing  members  (until  reduced  in  number  as  provided  in  section  four 
of  this  Act),  one  to  be  appointed  from  each  of  the  said  townships  by 


LAWS    RELATING    TO    THE    CITY   OF    DETROIT.  23 1 

PARKS  AND  BOULEVARDS.  CHAPTER  19 


the  township  board  thereof,  and 'the  remaining  members  of  the  said 
board  shall  be  the  mayor  and  the  several  members  of  the  board  of 
public  works  of  the  city  of  Detroit. 

(§464.)     Sec.  3.      The   township  board  of  each  of  the  said  town- Townships 

may  be  com- 

ships  shall  meet  on  the   first   Monday  of  April,  in  the  vear  one  thous-  peliedto 

appoint  mem- 

and  eight  hundred  and  eighty,  and  every  three  years  thereafter,  and  bers  of  board- 
appoint  a  member  of  the  said  board  of  boulevard  commissioners,  and 
on  failure  so  to  appoint,  the  said  township  board  may,  on  application 
of  ten  or  more  resident  freeholders  of  such  township,  be  compelled  by 
the  supreme  court,  by  appropriate  remedy,  to  exercise  the  power  of 
appointment  conferred  by  this  Act. 

(§  465.)  Sec.  4.  Each  of  the  members  of  the  said  board  ap- 
pointed from  the  several  townships  aforesaid  shall  signify  his  accept- 
ance of  the  office  in  writing,  and  shall  hold  such  office  for  the  term  of 

Term  of  office. 

three  years,  from  the  first  Monday  in  April  of  the  year  in  which,  by 
the  provisions  of  this  Act,  he  should  be  appointed,  and  until  his  suc- 
cessor has  been  appointed  and,  in  like  manner,  has  accepted  his  of- 
fice; Provided,  however,  That  if  at  any  time  hereafter  the  limits  of  the 
city  of  Detroit,  or  any  of  the  said  townships,  shall  be  so  changed  that 
no  portion  of  line  of  the  boulevard  herein  provided  for  shall  lie  within 
the  limits  of  any  one  or  more  of  said  townships,  then  the  office  of  the 
then  commissioners  from  such  township  or  townships,  as  the  case 
may  be,  shall  cease  and  become  vacant,  and  no  commissioner  shall 
thereafter  be  appointed  from  such  township  or  townships. 


(§  4G6.)   SEC.  5.    The  mayor  of  the  city  of  Detroit  shall  be  ex  officio 

'        Mayor  to  be 

president  of  the  said    board   of  boulevard  commissioners,  and  a  ma- president. 

jority  of  the  said    board   shall  constitute  a  quorum  for  the  transaction  ,. 

J        J  ^  (oluorum. 

of  business. 


-3- 

Ch  vi1 1  i  k   LS 


Locatl 
line  of 
boulevard 


LAWS  RELATING  TO  THE  CITY  OF  DETROIT. 


PARKS  AND    Hill  1.1'a  Mllis. 


Maps. 
Survey. , 


Recording. 
maps. 


(§  467.)  SEC.  6.  The  said  board  of  boulevard  commissioners 
shall  have  power  and  authority  to  determine,  locate  and  establish  the 
line  of  a  broad  street  or  boulevard,  not  less  than  one  hundred  and 
fifty  feet  nor  more  than  feet  in  width,  about  the 

limits  of  the  city  of  Detroit,  and  through  portions  of  the  townships  of 
llamtramck,  Greenfield  and  Springwells,  in  the  county  of  Wayne, 
which  line  of  said  boulevard  shall  commence  on  Jefferson  avenue  in 
the  township  of  Hamtramck,  and  may  run  through  such  portions  of 
the  outer  limits  of  the  city  of  Detroit,  and  such  portions  of  the  said 
townships  as  said  board  of  boulevard  commissioners  shall  determine. 
(§  468.)  Sec.  7.  The  said  board  shall  have  power  and  authority 
to  make  all  surveys,  maps  and  plats  necessary  and  proper  to  the  due 
execution  of  the  powers  and  duties  prescribed  by  this  Act,  and  the 
said  board,  and  all  persons  by  them  authorized,  or  acting  under  their 
direction,  are  authorized  to  enter  upon  private  property  for 
the  purposes  of  determining,  locating  and  establishing  the  line 
of  the  said  boulevard,  and  of  making  and  prosecuting  all  such 
necessary  and  proper  surveys.  The  said  board,  in  determining,  locat- 
ing and  establishing  the  line  of  the  said  boulevard,  may  mark  the 
lines  and  limits  thereof  at  suitable  and  convenient  points  by  means  of 
stakes  or  other  suitable  monuments. 

(\  469.)  Sec.  8. .  Whenever  the  said  board  shall  have  determined 
and  located  the  line  of  the  said  boulevard,  they  shall  make,  or  cause 
to  be  made,  a  map  or  plat  of  the  said  boulevard,  on  a  suitable  scale,  and 
showing  the  width,  courses,  distances,  and  other  suitable  indicia  of 
location,  and  shall  certify  the  same,  and  cause  it  to  be  recorded  in  the 
office  of  the  register  of  deeds  of  the  county  of  Wayne.  They  shall 
also  make  or  canse  to  be  made,  like  maps  or  plats,  on  suitable  scales,, 
of  the  several  portions  of  the  said  boulevard  included  within  the 
limits  of  the  city  of  Detroit,  and  of  the  several  townships  aforesaid,, 
which  maps  and  plats  last  mentioned   shali   be    riled  as  follows:     The: 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT.  233. 

PARKS  AND  BOULEVARDS.  CHAPTER    19  • 


map  or  plat  of  that  portion  of  the  said  boulevard  lyiug  within  the 
limits  of  the  city  of  Detroit  shall  be  filed  with  the  city  clerk  of  said 
city,  and  the  maps  or  plats  of  the  several  portions  lying  within  the 
townships  aforesaid  shall,  respectively,  be  filed  with  the  township 
clerk  of  the  township  within  which  the  portion  of  the  said  boulevard 
covered  by  the  said  map  or  plat  is  situated.  Upon  the  filing  of  the  map 
or  plat  of  the  whole  of  said  boulevard  with  the  register  of  deeds 
aforesaid,  for  record,  the  line  and  location  of  the  said  boulevard  shall 
be  deemed  to  be  finally  established,  and  shall   not   be  changed  wkh- 

IIow  location 

out  the  united  consent  of  the  said  board  of  boulevard  commissioners,  ma>'  be  changed  - 
the  common  council  of  the  city  of   Detroit,  and   the   township  boards 
of  such  of  the  townships  within   the   limits  of   which   any  portion  of 
the  said  boulevard  may  be  situated. 

(§470.)  Sec.  9.  When  the  line  and  limits  of  the  said  boulevard 
shall  be  established  by  the  said  board,  as  above  provided,  any  person  of^VaUstate... 
competent  to  convey  real  estate  owning  lands  within  such  limits,  or 
any  interest  in  such  lands,  may  thereupon  grant  and  convey  the  same 
to  the  township  or  city  within  which  the  said  lands  are  situated 
Such  grant  or  conveyance  may  be  made  by  any  lawful  instrument  for 
the  conveyance  of  real  estate  in  this  state,  and  shall  be  to  the  city  or 
township  in  which  the  lands  described  therein  are  situated.  Delivery 
of  such  deed  may  be  made  to  the  said  board  of  boulevard  commis- 
sioners, and  the  same  may  be  recorded  in  like  manner  as  deeds  of 
real  estate  under  the  recording  laws  of  this  state.  Upon  the  execu- 
tion and  delivery  of  such  deed,  all  the  estate,  right,  title  and  interest 
of  the  grantor  therein  shall  pass  to  and  rest  in  the  grantee  therein 
for  the  uses  and  purposes  of  such  boulevard. 

(8  471.)     Sec.  10.     The  proper  authorities  of   the  city  of   Detroit 

>  Power  to  con- 

Bhall  have  like  power  to  open   the   said  boulevard  within   the   limits  clemn  '      • 
established  by  the    said  board,  and  condemn  private  property  for  the 


234  LAWS    RELATING    To   THE   CITY   OF    DETROIT. 


Chapter  19,  l'ar'ks  and  boulevards. 


uses  and  purposes  thereof,  like  proceedings  being  taken  as  are  or 
may  be  provided  by  law  for  the  opening  of  streets  in  said  city. 

,  (§  472.)     Sec,  11.     The  proper  authorities  of  the   several   town- 

s'],ipS.  ships  through  which  said  boulevard  passes  shall  have  like  power  to 

open  the  same  and  condemn  lands  for  the  uses  and  purposes  thereof, 
like  proceedings  being  taken  as  are  or  may  be  provided  by  the  gen- 
eral laws  of  the  state  for  opening  highways, 

be  common  -(§  473.)     Sec.  12.     Whenever   the   said   boulevard   or   any   part 

ami  public. 

thereof  shall    be  opened,  either   by  grant  or   conveyance,  or   by   pro- 
ceedings in  invitum,  the  same  shall,  under  such  reasonable  rules   and 
,  regulations  as  shall  be  adopted  by  the  said  board  of   boulevard  com- 

missioners, be  common  and  public  for  the  uses  and  purposes  of  such 
boulevard. 

Line  to  be  (§  474.)     Sec.  13.  .  The  city  of  Detroit  and  the  several  townships 

first  located. 

aforesaid  shall  exercise  the  power  conferred  upon  them  respectively 

by  sections  sixteen  and   seventeen  of  this  act,  when   the   line   of   the 

said  boulevard  shall  have  been  established,  and  not  before,  and  shall 

exercise  such  powers  only  when,  and  as  long  as  some   portion  of  the 

line  of  said  boulevard  shall  be  situated  within  the  limits  of   said  city 

or  of  said  townships,  respectively. 

Citvtopay  (g  475.)     Sec.   15.     The  common  council  of  the  city  of  Detroit 

expenses  of 

shall  have  power  to  provide  for  the  payment  of  the  expenses  of  sur- 
veying, locating  and  establishing  the  line  and  limits  of  the  said  boule- 
vard throughout,  and  the  expenses  of  making,  recording  and  riling 
the  necessary  and  proper  maps  or  plats  therefore  as  contemplated  by 

City  engineer 

to  assist  in         this  act.     The  common  council  may  also  require  the  city  eugmeer  of 

suryey  and  in'  | 

making  maps     tjje  0jtv  0f  Detroit,  and  his  assistants,  to  render  such  services  and  as- 

and  plats.  J 

sistauce  to  the  said  board  of  boulevard  commissioners,  and  under  the 
order  and  direction  of  the  said  board,  as  shall  be  necessary  and  proper 
in  surveying,  locating  and  establishing  the  line  and  limits  of  the  said 
boulevard,  and  in  making  the  maps  and  plats  last  aforesaid. 


CHAPTER     XX. 


PUBLIC   SCHOOLS. 

An  Act  relative  to    free  schools  in  the  city  of  Detroit.     (Approved 

February  24th,  1869,  and  amended  March  28th,  1873, 

March  11th,  1881,  and  June  8th,  1883.) 

(§  476.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact ,  Organization 
That  the  city  of  Detroit  shall  be  considered  as  one  school  district,  and 
all  schools  now  organized  and  hereafter  to  be  organized  therein,  in 
pursuance  of  this  act,  shall,  under  the  directions  and  regulations  of 
the  board  of  education,  be  public  and  free  to  all  children  residing 
within  the  limits  thereof,  between  the  ages  of  five  and  twenty  years, 
inclusive. 

(§  477.)     Sec.  2.     The  board  of  education  of  the  city  of  Detroit 

Board  of  Edu- 

shall  consist  of  sixteen  school  inspectors,  to   be  elected  one  from  and  cation,  of  whom 

to  consist. 

by  each  ward  in  the  said  city  at  the  spring  election,  held  every  alter- 
nate year,  when  judges  of  the  supreme  court  are  now  required  to  be 
elected.  At  the  spring  election  of  the  year  eighteen  hundred  and 
eighty-nine,  one  inspector  for  each  ward  shall  be  elected.  Those  Terms  of  office, 
elected  in  the  first,  second,  third,  fourth,  fifth,  sixth,  seventh  and 
eighth  wards  shall  hold  office  for  two  years  only.  Those  elected 
from  the  remaining  wards  shall  be  elected  for  four  years.  At  the 
expiration  of  the  term  of  those  elected  for  two  years  their  successors 
shall  be  elected  for  a  period  of  four  years,  and  thereafter  all  mem- 
bers of  said  board  shall  be  elected  for  a  period  of  four  years.  The  Votes  cast. 
votes  to  be  cast  for  such   inspectors  shall    be  deposited    in  separate 


236  LAWS    RELATING    To    THE   CITY   OF   DETROIT. 


e-n  iptbB    80  PUBLIC   SCHOOl  S. 


Manner  of  ballot  boxes  from  those  used  for  other  than  city  officer's,  and  the  elec. 

holding 

elections,  etc.     tion  sliall  1)e  jieK1  an(j  votes  (.anVassed  in  the   manner  provided  by  the 

laws   governing  city  elections.     The   inspectors   now   in  office  shall 

cease  to  hold  office,  and  their  powers  shall  be  vested  in  the  new  board 

aforesaid  on  the  rust  day  of  July,  in  the  year  eighteen  hundred  and 

eighty-nine. 


Vacancy,  how 


(§  178.)  Sec.  3.  In  case  of  any  vacancy  or  vacancies  in  the  office 
of  school  inspector  by  death,  resignation,  refusal1  to  accept  office,  fail- 
ure to  elect,  or  otherwise,  the  mayor  may  nominate  and  the  common 
council  may  confirm  the  nomination  of  suitable  persons  to  fill  such 
vacancy  or  vacancies,  and  the  person  thus  appointed  shall  hold  office 
until  his  successor  is  elected,  which  shall  be  done  at  the  next  regular 
election  for  members  of  the  board.  (As  amended  by  act  approved 
March  6,  1889.) 


Penalty  for 


(§  479  )    Sec.  4.     Every  person  elected  to  the  office  of  school  In- 

a1^nspfctoraCt    spector,  who,  without  sufficient  cause,  shall  neglect  or  refuse  to  serve, 

shall  forfeit  to  the  Board  of  Education,   for  the   use   of  the   public 

library,  the  sum  of  ten  dollars,  to  be  recovered  in  an  action  of  debt  im 

some  competent  court;  and  the  said  board  shall  make  all   necessary 

rules  and  regulations  relative  to  its  proceedings,  and  punish,  by  fine 

not  exceeding  five  dollars  for  each  offense,  any  member  of   the   board 

who  may,  without  sufficient  cause,  absent  himself  from  any   meeting 

Proviso.  thereof,  to  be  collected  as  they  may  direct:     Provided,  That  no  person 

Further  proviso  shall  be  compelled  to  serve   two  terms   successively;   Provided,   also, 

That  the  removal  of  any  member  of  the  Board  of  Education  from  the 

ward  for  which  he  is  elected  school  inspector,  after  such  election,  shall 

not  operate  to  vacate  his  office,  but  notwithstanding  such  removal,  any 

inspector  so  removing  shall  continue  to  hold  his  said  office  to  and  be 

a  member  of  said  board.     Provided,  however,  that  the  removal  of  such 

Proviso. 

member  shall  not  be  from  the  city. 


LAWS   RELATING    TO    THE    CITY    OF    DETROIT.  237/ 

PUBLIC  SCHOOLS.  CHAPTER  2 


(t?  480.)     Sec.  5.     The  school  inspectors,  together  with  the  mayor  Ex-ofticio 

members  of 

and  recorder  of  said  city  (who  are  declared  to  be   cx-ojficio   school   in-    °      ' 
spectors,  having  a  right  to  a  seat  at  the  meetings  of  the  board  for  the 
purpose  of  deliberation,  but  who  shall  have  no  vote  therein),  shall  be 
a  body  corporate,  to  be  known   and   distinguished   by   the   name  and 
style  of  "The  Board  of  Education  of  the  City  of  Detroit,"  and  in  that  name, 
name  may  be  capable  of  suing  and  being   sued,   and   of  holding   and,,  .     , 

J  ^  &  &  6  Suits  by  and 

selling  and  conveying  real  and  personal  property  as   the  interest  ofa?ainst- 
said  free  schools  may  require- 

(S  481.)     Sec.  6.     The  Board  of  Education   (a  majority   whereof  Meetings  of 

^  '  \  J         J  board  and 

shall  form  a  quorum)  may  meet,  from  time  to  time,  at  such  place  in  officers" 
said  city  as  they  shall  designate.     They  may  elect  one   of  their  own 
number  president,  and  in  the  absence  of  the  president  at  any  meeting, 
a  majority  of  the  inspectors  present  may  choose  one  of  their   number 
president  pro  tern. 

(§  482.)    Sec  7.     The  said  board  shall,  at  the  first  regular  meet-  Superintendent 

of  schools, 
ing  in  July  after  the  passage  of  this  act,  and  on  the  first  regular  meet- 
ing in  July  of  every  third  year  thereafter,  appoint  a  suitable  person 
as  superintendent  of  the  public  schools  under  their  control,  who  shall 
hold  his  office  for  the  term  of  three  years,  or  until  his  successor  shall  be 
appointed   and    enter  upon  the  performance  of  his  duties:     Provided,  p.rovjSOi 
That  if  such  appointment  shall  not  be  made  at   the  first  regular  meet- 
ing in  July,  the  same  may  be  made  at  any  subsequent  regular  meet- 
ing; but  the  term  of  office  of  the  appointee  shall  commence  and  date 
from  said  first  regular  meeting  in  July:     And  provided  further,     That  Further  proviso 
the  office  of  the  present  incumbent  shall  not  be  deemed  to  have  been 
vacated  by  this  act,  but  he  shall  hold  his  office  until  the   first  regular 
meeting  iu  July  subsequent  to  the  time  when  this  act  shall  take  ef- 
fect, or  until  his   successor  shall  be  elected  and  enter  upon  the  per- 
formance of  his  duties.     The  superintendent  shall  receive  such  salary  superintendent. 


-.Vs 


LAWS    RELATING    TO   THE    CITY    OK    DETROIT. 


Cm  \i'i  EH    80. 


rrm.ir  SCHOOLS. 


Secretary  <>f 
board. 


Treasurer  of 

board  and 
duties  of. 


Bonds  of 
treasurer. 


as  shall  be  fixed  by  the  board:  Provided,  That  the  same  shall  not 
exceed  four  thousand  dollars  per  annum.  The  said  board  may  ap- 
point a  secretary  of  said  board,  who  shall  hold  his  office  during  the 
pleasure  of  said  board,  or  until  his  office  shall  otherwise  become 
vacant.  The  board  may  prescribe  his  duties  and  compensation: 
Provided,  That  when  the  office  of  secretary  and  superintendent  shall 
be  held  by  the  same  person,  he  shall  receive  no  compensation  for  his 
services  as  secretary.  The  board,  if  it  deem  it  expedient,  may  direct 
the  superintendent  to  perform  the  duties  of  said  office  of  secretary,, 
and  he  shall  thereupau  be  cx-ojficio  secretary  of  said  board.  The  said 
board  shall  also,  at  the  same  meeting  in  July,  appoint  a  treasurer  of 
said  board,  who  shall  have  the  keeping  of  all  moneys  belonging  to 
said  schools,  and  said  treasurer  shall  not  pay  out  or  expend  the  school 
moneys  without  the  authority  of  said  board;  and  said  treasurer  shall 
also  be  required  to  give  bonds,  in  such  penal  sum  as  the  board  shall 
deem  necessary,  for  the  faithful  performance  of  his  duties. 


Census,  how 
taken. 


(§  483.)    Sec.  8.     The  board  of  education  shall  have  full  power 

The  board  to 

receive  all  and  authority,  and  it  shall  be  their  duty  to  apply  for  and  receive  from 

moneys  ap- 
propriated for     tne  county  treasurer   or   other   officer,  all   moneys   appropriated    for 

rypurposes  primary  schools  and  Detroit  library  of  said  city,  and  to  designate  a 
place  where  the  library  may  be  kept.  The  said  board  shall  have  full 
power  and  authority  to  make  by-laws  and  ordinances  relative  to  tak- 
ing the  census  of  all  children  in  said  city  between  the  ages  of  five  and 
twenty  years.  Said  board  may  appoint  one  or  more  persons  to  take 
Annual  re  on    such  census,  and  may  prescribe  their  duties  and  compensation.    The 

childrenbe-       said  board  annually  shall  direct  their  president  and  secretary,  on  be- 
tween the  ages 
of  5  and  20>ears  half  of  said  board,  to  report  to  the  common  council  of  said  city,  on  or 

in  the  city. 

prior  to  the  fifteenth  day  of  April  in  each  year,  the  number  of  chil- 
dren in  said  city  between  the  ages  of  five  and  twenty  years;  and  such 
report  shall  be  deemed  conclusive,  as  to  the  number  of  such  children,. 
for  the  purpose  of  taxation  as  hereinafter  provided.     Said  board  shall 


UWS    RELATING    TO    THE    CITY    OF    DETROIT.  239 

PUBLIC  SCHOOLS.  CHAPTER    20 


also  have  authority  to  make  by-laws  and  ordinances  relative  to  mak-  By-laws  and 

*  ordinances,  etc. 

ing  of  all  necessary  reports  and  transmitting  the  same  to  the  proper 
officers,  as  designated  by  law,  so  that  said  city  may  be  entitled  to  its 
proportion  of  the  primary  school  fund;  relative  to  visitation  of 
schools;  relative  to  the  length  of  time  schools  may  be  kept,  which 
shall  not  be  less  than  three  months  in  each  year;  relative  to  the  em- 
ployment and  examination  of  teachers,  their  powers  and  duties:  rela- 
tive to  regulation  of  schools,  and  the  books  to  be  used  therein;  rela- 
tive to  the  appointment  of  necessary  officers,  and  prescribing  their 
powers  and  duties;  relative  to  anything  whatever  that  may  advance 
the  interests  of  education,  the  good  government  and  prosperity  of  the 
free  3chools  in  said  city,  and  the  welfare  of  the  public  concerning  the 
same. 

(§48-4.)     Sec.  9.     The  recorder's  court  shall  have  jurisdiction   of  Recorder's 

Court  has  juris- 

all  suits  wherein  the  said  board  may  be  a  party,  and   of   all   prosecu-  diction  to  try 

offenses  arising 
}    -      A' 

tions  for  violation  of  its  by-laws  and  ordinances.  nances°of  board 

(§  485.)     Sec.  10.     The  said  board  shall  annually  publish  in  some  ^nnual 

....  ,  ,  ,         statement. 

newspaper  of  the  city  (or  pamphlet  form),  a  statement  of  the  number 
of  schools  in  said  city,  the  number  of  pupils  instructed  therein  the 
year  preceding,  the  several  branches  of  education  pursued  by  them 
and  the  expenditures  for  all  things  authorized  by  this  act. 

(8  486.)     Sec.  11.     The  Board  of  Education  shall  establish   and  Library  Com- 
mission. 

maintain  a  district  library:  Provided,  That  the  said  Board  of  Educa- 
tion may,  in  its  discretion,  elect  a  board  of  commissioners  of  the  pub- 
lic library  of  Detroit,  to  which  it  may  transfer  the  care  and  custody  of 
the  funds  and  property  of  such  district  l'brary.  Such  board  of  com- 
missioners shall  not  be  members  of  the  Board  of  Education,  except  in 

the  cases  hereinafter  mentioned,  and  when  elected  shall  be  clothed  I,owers  anJ 

duties. 

with  all  th<'  powers  for  the  management  and  control  of  the  library  now 
vested  in  the  Board  of  Education,  and  shall  consist  of  six    members, 


2  [O 

k'i\  \ri  i  k  20. 

Term  of. 


Vacancies 

how  Tilled. 


Tax  for  libnir 
purposes. 


Treasurer  of. 


Public  library 
building. 


LAWS    RELATING    To   THE   CITY   OF    DETROIT, 

ri  m  u    SI  HOOl  S. 

who  shall  be  elected  by  the  Board,  ard  shall  hold  their  office  lor  six 
years,  except  thai  the  members  of  the  first  board  shall  be  chosen  for 
the  terras  of  one,  two,  three,  four,  live  and  six  years,  respectively. 
Of  this  hoard  of  Commissioners  the  president  of  the  Board  of  Educa- 
tion shall  be  a  member  ex-ojficio,  and  it  shall  make  annual  reports  to 
the  Hoard  of  Education  of  the  condition  of  the  library  and  its  funds. 
( >ue  member  of  such  board  of  commissioners  shall  be  elected  annu- 
ally in  place  of  the  member  whose  office  expires  in  that  year,  and 
vacancies  for  any  cause  may  be  filled  at  any  time  by  the  election  by 
the  Board  of  Education  of  a  person  or  persons  to  fill  such  vacancy. 
Such  board  shall  be  known  as  the  "Detroit  Library  Commission,"  and 
may  in  that  name  exercise  control  over  the  library  and  all  funds  and 
property  connected  with  or  belonging  to  it.  A  special  library  tax  of 
one-fifth  of  one  mill  on  the  dollar  on  property  assessed  for  city  pur- 
poses shall  be  levied  each  year  with  the  other  city  taxes  and  paid  over 
to  said  commission.  The  treasurer  of  the  Board  of  Education  shall 
be  ex-ojficio  treasurer  of  said  Commission,  and  hold  moneys  belonging 
to  the  library  fund,  or  to  said  commission,  subject  to  their  disposal. 
Such  commission  may  appoint,  remove  or  otherwise  control,  all  per- 
sons employed  in  such  library,  and  fix  their  compensation  from  time 
to  time,  in  th^ir  discretion,  and  may  appoint  such  officers  as  they  see 
fit  for  their  own  business.     (As  amended  March  11,  1881.) 

(§  487.)  Sec.  12.  For  the  erection  of  a  public  library  building 
on  any  land  now  owned  or  leased;  or  which  may  hereafter  be  owned 
or  leased  by  the  board,  the  board  shall  first  cause  to  be  submitted  to 
the  citizens'  meeting  of  said  city,  or  any  board  or  body  created  and 
vested  with  the  powers  of  finally  approving  the  estimates  of  the  gen- 
eral taxes  of  the  city  and  determining  the  amount  thereof,  a  statement 
of  the  estimated  expense  of  such  building,  and  its  fixtures  and  furni- 
ture, not  exceeding  one  hundred  and  fifty  thousand  dollars,  together 
with  the  amounts  which  it  is  deemed  expedient  to  be  raised  during 


LAWS   RELATING   TO    THE   CITY   OF   DETROIT.  24 1 

PUBLIC  SCHOOLS.  CHATTER   20 


«ach  year  for  a  period  not  exceeding  three  years,  to  defray  the  cost 

of  such  building,  fixtures  and  furniture.    Said  meeting,  board  or  body 

shall  thereupon   proceed   to   consider   said   estimate,  and  may  reduce 

the  amount  to  be  raised   in   any  one  year,  or   it   may  reduce  the  total 

amount  or  the  time  of  raising  the  same  beyond  the  three  years ;  or, 

said  estimate   may  be   rejected  altogether.     If  a   majority  of  such 

meeting,  board  or  body  shall  consent  to  levying  the  amounts  specified 

in  said  estimate,  or  any  part  thereof,  and  the  board  of  education  shall, 

within  one  week  thereafter,  file  its  acceptance  thereof  with  the  clerk 

of  the  said  city,  the  common  council  shall  direct  the  same  to  be  levied, 

assessed  and  collected  in  such  amounts  during  the  respective  year  as 

said  meeting,  board  or  body  shall  have  given  consent  therefor,  and  in 

like  manner  as  other  general  taxes  are  levied,  assessed  and  collected: 

Provided.     That   it   shall   be   competent   for  the  common  council   to  proviso. 

issue  the  bonds  of  the  city  for  the  whole  or  part  of  the   amount  as 

aforesaid  consented  to  by  said  meeting,  board  or  body;  said  bonds  to 

run  not  more  than  twenty  years,  but  to  be  payable  at  any  time  after 

five  years,  and   to  bear  interest  at  the  rate  of  seven  per  cent  per 

annum:     And  provided,  further,     That  in  case  said  bonds  are  issued,  Further  pr0viso 

the  common  council  shall  provide  for   the    payment  of   not   less  than 

five  per  cent,  of  the  same  per  annum.     All  moneys  realized  from  the 

Moneys  to  be 

issue  and  sale  of  said  bonds,  or  from  any  tax  levied  and  collected  in  }ir"erof  Board", 
pursuance  of  the  provisions  of  this  section,  shall  be  paid  to  the  treas- 
urer of  said  board  of  education  for  the  purposes  hereinbefore  men- 
tioned. 

(§  488.)    Sec.  13.     It  shall  be  the  duty  of  the  board  of  education 

of  said  city  to  annually  make   an   estimate  of  the   amount  of  taxes  Annual  esti- 
mates made 

•deemed  necessary  for  the  ensuing  or  the   current  year,  for  all   pur-by  Bo:ml- 
poses  of  expenditure  within  the  power  of  said  board,  which  estimate 
shall  specify  as  near  as  may  be  the  amounts  required  for  the  different 
■objects  of  expense,  including  teachers'  salaries,  purchase  of  lots   for 


:\:  LAWS   RELATING  TO  THK  CITY  OK   DETROIT. 

CH  wi  kk   '20.  ii  r.i  IC  S<  HOO]  S, 


buildings,    repairs,   fuel,   and   general   current  expenses;  and  shall 

Sub   in 

common  coun-    cause  said  estimate  to  be  laid  before  the  common  council  of   said  city 

cil ;  when. 

on  or  before  the  fifteenth  day  of  April  in  each  year;  and  it  shall  be 
the  duty  of  the  said  common   council  to   place  upon   the  general  city 

Placed  on 

tax  roils.  tax  rolls  in  said  city,  and  cause  to  be   levied  the  same  as  other  city 

taxes,  the  amount  of  such  estimated  expenditures,  excepting  for  pur- 
chase of  lots  and  erection  of  new  buildings,  with  the  necessary  out- 
houses, fixtures  and  furniture;  which  tax  roll  shall  be  collected  the 
same  as  other  taxes  raised  to  defray  the  general  expenses  of  the  city; 
and  said  money  shall  be  disbursed  by  authority  of  said  board  of  edu- 
cation for  the  maintenance  of  said  schools,  and  for  no  other  purpose. 

per  capila  Provided,  That  the  amount  of  said  estimate  and  tax  shall  not  be  less 

than  four  dollars  for  every  child  in  the  city  between  the  age  of  five 
and  twenty  years.  The  number  of  children  to  be  ascertained  by  the 
last  report  on  that  subject,  which  may  have  been  made  to  the  com- 
mon council  of  said  city  by  said  board  of  education,  as  provided  by 

Proviso;  this  act:     Ami  provided   further,     That   if  the  amount  of   any  such 

per  capita  tax. 

estimates  shall  exceed  five  dollars  for  every  such  child,  the  common 
council  may  approve  or  disapprove  of  such  excess  or  some  part  there- 
of; and  only  that  portion  of  such  excess  as  shall  be  so  approved  by 
said  council  shall  be  so  levied  and  assessed. 


Estimates  for  §  489.)    Sec.  14.     It  shall  be  the  duty  of  said  board  to  transmit 

purchasing 
lots  and  fo 
buildings. 


lots  and  for        to  the  common  council  of  the  city  of  Detroit,  on  or  before  the  fifteenth 


day  of  February  in  each  year,  an  estimate  of  the  amount  of  moneys 
which  said  board  may  deem  necessary  for  the  purchase  of  lots  and 
the  paying  for  lots  already  purchased  for  the  use  of  the  free  schools 
of  said  city,  and  for  the  purpose  of  erecting  school  houses,  with  the 
necessary  fixtures  and  furniture,  on  any  lot  now  owned  by  said  board, 
or  which  said  board  may  hereafter  acquire;  and  the   common  council 

Taxation  for 

b^ldmes         '  snall  cause  to  be  levied  and  collected,  in   addition  to  all   other  taxes 
authorized  by  law  to  be  assessed  in  said  city,  the  amount  of  moneys 


LAWS   RELATING   TO   THE   CITY   OF    DETROIT. 


243 


PUBLIC  SCHOOLS.  CHAPTER  20 


mentioned  in   said  estimate,  or  such  part  or  portion  thereof  as  the 
common  council  may  approve.     And  the  said  tax  when  levied  and 
collected  shall  be  paid  to  the  treasurer  of  said  board  of  education  for 
the   purpose  hereinbefore  stated:    Provided,   That  it  shall   be   com-  common  coun- 
petent  for  the  common  council  of  the   city  of  Detroit  to   issue  the  bonds  Inlfeu 

of  taxation. 

bonds  of  said  city  for  the  whole  or  any  part  of  the  tax  authorized  by 
this  section  to  be  levied  and  collected.  Said  bonds  to  be  payable  at 
the  expiration  of  thirty  years  and  bear  interest  at  a  rate  not  exceeding 
four  per  cent:     Provided j 'urther,  That   the  levying  of   said  tax   shall  ^    . 

Estimates  of 

be  submitted   to  the  board  of  estimates   of  said  city,  and   only  such  submitted^ 

part  or  portion  of  the  estimates  of  said  board  of  education   as  afore-  estimates. 

said  as  shall  be  approved  by  the  board  of  estimates  shall  be  levied 

and   collected   as   aforesaid,   but  the   sum  of  money  to  be  assessed, 

levied  and  collected  in   said  city  in  the  year  eighteen  hundred  and 

ninety-three,  eighteen  hundred  and  ninety-four  and  eighteen  hundred 

and  ninety-five,   respectively,   for  the   purposes    mentioned  in    this 

section,  shall  not  be  less  than  one  hundred  and  fifty  thousand  dollars 

in  each  year.     In  addition  to  the   issue  of  bonds   hereby  authorized, 

the  common  council  are  hereby  authorized  to  at  once  issue  the  bonds 

of  said  city  for  the  sum  of  three   hundred  thousand  dollars,  pavable  Bonds  for 

'  ^   J  $300,000. 

at  the  expiration  of  thirty  years,  and  bearing  interest  at  the  rate  of 
four  per  cent,  and  the  said  sum  of  money  when  received  thereon  shall 
be  paid  to  the  treasurer  of  said  board  of  education,  in  lieu  of  the 
moneys  whieh  were  voted  by  the  common  council  and  approved  by 
the  board  of  estimates,  to  be  raised  by  issue  of  bonds  for  the  purposes 
mentioned  in  this  section  for  the  year  eighteen  hundred  and  ninety- 
two,  as  provided  by  said  act  number  three  hundred  and  ninety-seven, 
of  the  laws  of  eighteen  hundred  and  ninety-one.  (As  amended  by 
act  approved  May  23,  1893.) 

(§  490.)     Sec.  15.     Repealed  by  act  approved  May  23,  1893. 


-Ml 


LAWS    KKI.ATINC.    TO    Til)':    CITY    OK    DETROIT. 


•-'II  MM  I   R    'JO. 


Recei\  ri  of 
i.i ses  notifies 

amount  oi 
schoo'  tax 
collected. 


ri  in  u    SCHOOLS. 


(§  191.)  Sec.  Hi.  When  the  collectors  of  the  said  city  shall 
have  made  their  final  returns  of  the  collection  of  taxes,  the  receiver 
of  taxes  of  said  city  shall  thereupon  notify  the  secretary  of  said  board 
of  education,  stating  the  whole  amount  of  school  tax  provided  for  in 
this  act,  the  amount  collected,  and  the  amount  returned  to  them  a3 
unpaid  or  uncollected. 


(is  402.)     Skc.  17.     The  citv  treasurer  shall,  on   the   order  of  the 
City  ["reasurer 

said  board,  pay  to  the  treasurer  of  the   said  board  of   education,  the 

t  rcusurer  i  >  f 

board.  moneys  accruing  from    the  taxes  provided  for  in  this  act,  for  the  sup- 

port of  the  said  free  schools,  taking  his  receipt  therefor,  indorsed  on 
the  back  of  the  president's  order,  and  also  a  duplicate  receipt,  which 
he  shall  file  with  the  secretary  of  the  said  board. 


School  tax  to 


(§  493.)     Sec  18.     That  all  taxes  which  have  been  or  may  here- 
j^xSroiisate    1    a^ter  be   assessed   and  levied   by  the  common  council,  under  and  by 
virtue  of  the  authority  conferred  by  this  act,  shall  be  set  forth  in  the 
assessment  roll  of  said   city,  in  a  separate  column,  apart  and   dis- 
tinguished from  all  other  city  taxes. 


Boaul  may 
borrow  for 
temporary 
purposes. 


Non-resident 
paying  taxes 
may  send 
children  to 
public  schools. 


(§  494.)  Sec.  19.  The  said  board  of  education  may,  from  time 
to  time,  on  such  term  or  terms  of  payment  as  they  may  deem  proper, 
borrow  a  sum  or  sums  of  money  for  temporary  purposes,  not  exceed- 
ing in  all  the  sum  of  fifteen  thousand  dollars  ($15,000),  for  the  pur- 
poses of  the  free  schools,  as  specified  in  this  act,  and  to  issue  the 
bonds  of  said  board  in  such  form,  and  executed  in  suc*h  manner  as 
said  board  may  direct.  The  bonds  issued  under  this  act  shall  be  a 
charge  upon  all  the  property  of  said  board,  which  shall  constitute  a 
security  for  the  payment  thereof:  Provided,  That  the  said  board 
shall  issue  no  bond  for  a  less  sum  than  five  hundred  dollars  ($500). 

(§  495.)  Sec  20.  Any  non-resident  actually  owning  or  occupy- 
ing real  estate  within  the  city  of  Detroit,  and  paying  school  taxes 
thereon,  may  send  any  scholars  who  are  members  of  his  own  family 


EAWS    RELATING   TO   THE   CITY    OF    DETROIT.  245 

PUBLIC  SCHOOLS.  CHAPTER    20 


to  the  schools  of  said  city,  under  such  regulations  as  the  board  of 
education  may  adopt,  and  the  school  taxes  thus  actually  paid  shall 
be  deducted  from  the  charge  of  tuition  which  may  be  established  for 
non-resident  pupils. 

(§  496.)     Sec.  21.     All  acts  or  parts  of  acts  inconsistent  with  this 

Acts  repeated 

act,  heretofore  passed,  pertaining  to  the  said  free  schools  of  the  city 
of  Detroit,  are  hereby  repealed.  There  shall  be  added  to  said  act  new 
sections,  as  follows: 

(S  497.)     Sec.  22.     The  common  council  of  said  city  of   Detroit  Common 

vo  '  Council  may 

shall  have  power  to  pass  ordinances  providing  for  the  maintenance  of  ordfnances'to 

preserve  peace 

good  order  in  the  public  schools  of  said  city,  and  to  prevent  any  in  schools,  etc. 
noise,  confusion  or  disturbance  in  or  about  the  same,  and  to  enforce 
all  reasonable  rules  and  regulations  of  said  board  relating  to  the  same 
matters;  also,  to  prohibit  and  prevent  the  defacing,  injury,  or  destruc- 
tion of  any  buildings,  furniture,  fences,  or  other  property  belonging 
to  or  used  by  said  board  of  education. 

(§  498.)    Sec  23.     No  inspector  shall  receive  any  compensation  Not  to  receive 

compensation 

during  his  term  of  office,  either  as  inspector  or  for  services  rendered  ?r  be  interested 

in  any  contract. 

to  the  board  in  any  other  capacity  or  manner;  and  no  inspector  shall 
be  interested  directly  or  indirectly  in  any  contract  made  by  said  board 
on  its  account.     (As  Amended  March  11,  1881.) 

(§  499.)     Sec  24.    The  board  of  education  of  the  city  of  Detroit 

Board  of 

may,  when  so  authorized  by  a   majority  vote  of   its  members,  submit  Education  may 

submit  any 

to  the  qualified  voters   of  the   school  district  comprising  the   citv  of  n,eas"re  ?* 

1  o  J  question  10 

r.    .      ..  A.  ...  qualified  voters. 

Detroit,  any  measure  or  question  not  coming  under  its  general  power 

or  authority  for  adoption,  which  said  board  may  deem  just  and  proper 

toward   the  prosperity  of,  and  the  advancement  of  education  in  the 

free  schools  of   the  city  of  Detroit;  including  the  submission  of  the 

question  of  the  use  of  free  text  books  in  the  free  schools  of  said  city. 

Upon  the  adoption  of  any  such  measure  or  question  by  said  board,  as 


-\}<>  LAWS    RELATING    TO   THE   CITY   OF  DETROIT. 

C'M  U'l'IH    20.  1'IHI.U      s,   111.01  s. 


aforesaid,  or  the  adoption  of  free  text  books,  by  the  majority  vote  of 
said  board,  said  board  shall  submit  said  measures  or  questions  to  the 
qualified  voter  of  said  school  district,  at  the  next  ensuing  annual 
city  election,  and  said  qualified  voters  shall  be  entitled  to  vote  upon 
any  such  measures  or  questions  as  aforesaid  at  said  city  elections: 
Proviso.  Provided,  That  the  secretary  of   said  board   of   education   shall   file 

with  the  city  clerk  of  Detroit  a  notice  in  writing  of  the  adoption  by 
the  majority  vote  of  said  board,  of  any  such  measure  or  question,  to- 
gether with  a  draft  in  writing  of  the  form  and  purport  of  said  measure 
or  question  to  be  so  submitted  to  said  voters  for  adoption  or  rejection. 
Said  notice  to  be  under  the  seal  of  said  board,  and  to  be  so  filed  with 
the  said  city  clerk  at  least  twenty  days  before  any  such  election.  Upon 
the  receipt  of  said  notice,  said  city  clerk  shall  cause  the  same  to  be 
published  in  accordance  with  the  laws  of  this  state  applicable  to  and 
governing  annual  city  elections  in  said  city  of  Detroit, 

Manner  of  The  manner  of  conducting  said   elections,  the  method  of  sub- 

conductins; 

elections,  etc.      mitting  said  methods  or  questions  and  the  voting  upon  the  same,  the 

keeping  of  the  poll  list,  the  canvassing  of  votes,  the  certifying  of  re- 
turns upon  the  same,  and  all  other  proceedings  connected  with  the 
practicable  submission  of  said  measures  or  questions,  including  the 
providing  of,  the  printing  and  delivery  of,  and  the  distribution  of 
ballots,  shall  be  the  same,  as  nearly  as  may  be,  and  as  now  is,  and  as 
hereafter  may  be  provided  for  by  the  laws  of  this  state  governing 
city  elections:  Provided  further,  That  any  such  measure  or  question 
submitted,  as  aforesaid,  to  the  electors  of  said  district,  shall  be  placed 
on  a  separate  ticket  or  ballot,  and  the  same  deposited  by  the  in- 
spectors of  election  in  separate  ballot  boxes  to  be  provided  by  the 
city  of  Detroit  for  that  purpose,  and  the  clerks  of  election  shall  make 
a  separate  poll  list,  which  shall  contain  the  names  of  all  women  vot- 
ing at  said  election  upon  such  measures  or  questions.  If  a  majority 
of  the  qualified  electors  of  said  districts  so  vote  in  favor  of  the  fur- 


LAWS   RELATING   TO   THE   CITY   OF    DETROIT.  247 

pt  iii.k   s<  KOOLS.  Chapter  20 


nishing  of  free  text  books  by  said  board  in  said  district,  said  board  of 
education  shall  have  full  power  and  authority,  and  it  shall  be  its 
duty,  to  advertise  for  bids  under  the  rules  an<i  regulations  of  said 
board,  and  to  purchase  such  books  from  the  party  or  parties  making 
the  lowest  bid  for  the  furnishing  of  the  same  to  said  board,  and  said 
board  shall,  as  soon  as  practicable,  after  purchasing  the  same,  supply 
the  free  schools  in  the  city  of  Detroit  with  the  said  free  text  book.  If 
a  majority  of  the  qualified  electors  of  said  district  at  any  such  elec- 
tion either  adopt  or  reject  any  such  measure  or  question  so  submitted 
by  said  board,  then  said  board  of  education  shall  abide  by  the  result 
so  voted  upon.     (As  amended  by  act  approved  June  8,  1891.) 

(§  500.)     Sec.  25.     The  qualifications  of   electors   in   the   schools    .... 

°  ^  Qualifications 

district  comprising  the  city  of  Detroit  shall  be  the  same  as  those  pre-  °  e  ectols' 
scribed  by  the  laws  of  this  state,  and  the  United  States,  for  voters  at 
large  at  general  city  elections:  Provided,  That  women  of  or  above,  Proviso 
the  age  of  twenty-one  years  shall  be  qualified  to  vote  in  said  school 
district  upon  any  such  measures  or  questions,  including  the  question 
of  free  text  books,  submitted  as  aforesaid,  subject  to  the  same  qualifi- 
cations and  regulations  as  those  applicable  to,  and  governing  the 
voters  of  male  citizens  upon  such  measures  or  questions  as  aforesaid 
(As  anended  by  act  approved  June  8,  1891.) 

(§  501.)     Sec.  26.     Every  resolution   or   proceeding   of  the   said  Proceedings  of 

Board  to  be 

board  of   education  whereby  any  liability  or   debt  may  be   created,  or  submitted  to 

J  J  J  J  '         mayor  for 

originating  the  disposal  or  expenditure  of   property  or  money,  shall,  approva ' 
before  it  takes  effect,  be  presented  by  the  secretary  of  said  board  to 
the  mayor  of  the   said  city  of  Detroit.     If  the  mayor  approve  there- 
of, he  shall   thereon  write   his   approval,  with   the  date  thereof,  and 
sign  the  same,  and   thereupon  such  resolution  or  proceeding  shall  go 

Mayor  may 

into  effect;  and  such  as  he  shall   not  so  approve  and  sign   he  shall  re-  veto- 
turn  to  the  board  with  his  objections   thereto  in  writing   under  cover, 


248  i   VWS    RELATING    10    THK   CITY   OF    DETROIT. 


in  \i'i  1  i<  30.  pi  hi  ic  si  linen  s. 


sealed  and  addressed  to  said  board.  II'  the  mayor  shall  neglect  to  ap- 
prove as  aforesaid  any  iesolution  or  proceeding,  or  return  the  same  as 
aforesaid  with  his  objections  within  live  days  alter  the  same  shall 
have  been  presented  to  him  by  the  secretary  as  before  provided,  the 
same  shall  go  into  effect.  Upon  the  return,  as  aforesaid,  of  any  pro- 
ceeding, the  board  receiving  such  matter  with  the  objections  ©f  the 
if  mayor  veto     mavor  g^all  proceed   to  reconsider  the  vote   by  which   the   same  was 

board  to  recon-  J  r  •> 

passed  and  adopted,  and  if  after  such  reconsideration  two-thirds  of 
all  the  members  elected  to  said  board  shall  agree  by  ayes  and  nays, 
which  shall  be  entered  of  record,  to  pass  or  adopt  the  same,  it  shall 
go  into  effect.     The   secretary  shall,  at  the  time  of  presenting  any 

Secretary  to 

make  certificate  resolution  or  proceeding  to  the  mayor,  make  a  certificate  in  which  he 

of    presentation 

of  proceedings   s^a\i  specify  the  day  on  which  the  same  was  so   presented,  and  such 

to  mayor.  r  j  j  * 

certificate  shall  be  reported  to  the  said  board  and  recorded  in  the  pro- 
ceedings of  said  board.     (Added  by  act  approved  May  23,  1893.) 


LAWS   RELATING    TO    THE    CITY   OF    DETROIT.  249 

public  s<  hooi  s.  Chapter  Z9 


ENLARGING    AND    IMPROVING    THE    LIBRARY    BUILDING. 

To  authorize  the  city  of  Detroit  to  raise  money  for  the  purpose  of 

enlarging  and  improving  the  public  library 

building  in  said  city. 

(g  502.)     SECTION  1.       The  People  of  the  State   of  Michigan  enact, 
That  the  common  council  of  the  city  of  Detroit  be  and  it  is  hereby 

Common 

authorized  and  empowered  to  borrow  a  sum  of  money  not  exceeding  Council 

e  J  °  authorized  to 

one  hundred  and  fifty  thousand  dollars  on  the  faith  and  credit  of  said  1SSI 

city,  and  upon  the  best  terms  that  can  be  made,  and  to  issue  the  bonds 

of  said  city  to  an  amount  not  exceeding  that  sum,  pledging  its   faith 

and  credit  for  the  payment  of  the   principal   and   interest,  but  said 

bonds  shall  not  be  negotiated  at  less  than  their  par  value.    Said  bonds 

shall  be  denominated  "  Public  library  bonds  of  the  city  of  Detroit," 

shall  be  regularly  dated  and   numbered   in   the  order  of  their   issue: 

shall  be  for  sums  not  less  than  five  hundred  dollars  each;  shall  bear 

interest  not  exceeding  six   percent   per   annum;  shall  be   payable  in 

not  exceeding  twenty  years  from  date,  and   shall  be   issued  under  the 

seal  of  the  corporation,  signed   by  the   mayor  and   countersigned   by 

the  controller.     The  controller  shall  keep  an  accurate  record   of  said  controller  to 

keep  accurate- 
bonds,  showing  the  class   of   indebtedness   to  which   they  belong,  the  record  of  said 

bonds. 

number,  date,  and  amount  of  each  bond,  its  rate  of  interest,  when 
and  where  the  same  is  payable  and  the  person  to  whom  it  is  issued. 
No  bond  shall  be  issued  under  this  act  until  the  issue  of  the  same 
shali  have  been  authorized  and  approved  by  the  board  of  estimates  of 
the  city  of  Detroit. 


250  LAWS    RELATING   TO   THE   CITY   OF   DETROIT. 


CH  \rn  K  20.  ri'HI  tc  *c s, 


Common coun-  i§  .>():?.)     Sec.   2.     The   common  council   shall   have    power,   in 

cil  may  raise  *  ' 

taxation.3  ',s  discretion,  to  raise  the   sum  of  money  above  mentioned,  or   such 

part  thereof  as  it   may  deem   advisable  for   the   purposes   herein   set 

Proviso.  forth,  by  taxation:    Provided,  That  the   amount  levied   in   any  one 

year  shall  not  increase  the  total  city  taxes  levied  for  that  year  beyond 
the  limit  provided  by  the  charter  of  the  city  of  Detroit.  In  case  the 
common  council  shall  decide  to  raise  said  money  by  taxation,  instead 
of  by  loan,  such  tax  shall  be  levied  and  collected  in  the  same  manner 
as  city  taxes  are  usually  levied  and  collected. 

All  mom  ys  to 

to  be  paid  to  (§504.)     Sec.  3.     All   moneys  raised  under  this   act,  whether   by 

-city  treasurer. 

loan  or  taxation,  shall  be  paid  to  the  city  treasurer  and  be  credited  to 
the  "Public  library  building  fund;-'  shall  be  applied  exclusively  to 
the  purpose  of  enlarging  and  improving  the  present  public  library 
building  in  the  city  of  Detroit,  and  shall  be  drawn  from  the  city  treas- 
ury on  the  order  of  the  "Detroit  library  commission,"  in  the  same 
manner,  as  near  as  may  be,  as  moneys  are  now  drawn  from  the  De- 
troit fire  commission  fund,  for  the  use  and  purpose  of  the  board  of 
fire  commissioners  of  said  city. 

This  act  is  ordered  to  take  immediate  effect. 

Approved  April  26,  1893. 


CHAPTER     XXI. 


BOARD    OF    WATER    COMMISSIONERS. 

An  Act  to  amend  the  laws  relative  to  supplying  the  city  of  Detroit 

with  pure  and  wholesome  water.     (Approved  February 

14th,  1853.     Laws  of  1853,  p.  180.) 

(§  505.)  SECTION  1.  The  people  of  the  State  of  Michigan  enact,  Board  of  water 
That  the  successors  now  in  office  of  Shubael  Conant,  Henry  Ledyard,C° 
Edmund  A.  Brush,  William  R.  Noyes  and  James  A.  Van  Dyke,  the 
original  board  of  water  commissioners  of  the  city  of  Detroit,  are  here- 
by named,  constituted  and  continued  as  a  board  of  water  commis- 
sioners of  the  city  of  Detroit,  They  and  their  successors  in  office 
shall  be  known  by  the  name  of  "the  board  of  water  commissioners  of 
the  city  of  Detroit,"  and  in  their  corporate  name  are  hereby  em- 
powered to  take  and  hold   by  purchase,  gift,  devise,  bequest  or  other-  Board  author- 

lzed  to  hold 

wise  such  franchises  and  real  and  personal  property,  either  within  or  real  estate-  etc- 
without  the  limits  of  said  city,  as  may  be  needful  or  convenient  for 
carrying  out  the  intents  and  purposes  of  this  act,  and  to  sell  and  con- 
vey or  lease  the  same  whenever  required  by  the  interests  of  the  city; 
to  make  contracts;  to  establish  all  reasonable  rules  and  regulations; 
to  protect  the  rights  and  property  vested  in  the  board,  and  to  aid  it  in 
the   performance  of  the   duties   imposed   upon.it.     The  board   may  Board  to  adopt 

seal,  etc, 

adopt  and  have  a   common  seal,  and  may  sue  and  shall  be  subject  to 

be  sued  in  all  courts  of  record  in  like   cases   as  natural  persons.     The  Property  held 

by  bond  exempt 

property  of   the  board,  whether  within   or  without  the  limits   of   the  flo,n  tax'  ete- 
•city  of    Detroit,  shall   be   exempt  from   all   taxes   and   assessments  of 


252  CHARTER   OF   THE   CITY   OF  DETROIT. 

Chapter  SI.  board  oi   water  commissioners. 


every  kind.  No  writ  of  attachment  or  writ  of  execution  shall  be 
levied  upon  the  property  of  said  hoard.  The  late  Chauncey  Hurlbut, 
for  many  years  president  of  said  hoard,  having  by  his  last  will  and 
testament  devised  and  bequeathed  a  large  portion  of  his  estate  to 
trustees  for  the  benefit  of  said  board  of  water  commissioners,  and 
under  which  will  the  income  of  said  estate  is  to  be  applied  and  used 
by  the  said  board  of  water  commissioners,  as  more  particularly  ex- 
pressed in  said  will,  in  furtherance  of  the  objects  of  incorporation  of 
said  board,  and  the  effect  of  which  will  be  to  benefit  the  large  num- 
ber of  people  residing,  or  who  may  hereafter  reside,  in  the  city  of  De- 
troit and  vicinity,  and  to  lessen  their  burden  of  government;  now, 
Board  to  use       therefore,  the  said  board  of  water  commissioners  are  hereby  author- 

certain  property 

iievised  fonts  ized  and  empowered  to  receive  and  accept  all  the  benefits  that  they 
may  derive  from  said  will,  and  to  use,  disburse  and  expend  all  the 
property,  estate  or  money  that  they  may  receive  thereunder  according 
to  the  beneficent  intent  and  purpose  of  said  Chauncey  Hurlbut,  de- 
ceased, as  set  forth  in  his  said  will  and  the  codicil  thereto,  reference 
to  which,  as  the  same  may  be  found  in  the  files  and  records  of  the  pro- 
bate court  for  the  county  of  Wayne,  in  this  State,  is  hereby  made.* 
(As  amended  by  act  approved  June  24,  1887.) 

i\rm  of  office.  (g  506.)     Sec.  2.     The  said  commissioners  shall  hold  their  offices 

respectively  for  the  term  of  three,  four,  five,  six  and  seven  years,  from 
the  first  Tuesday  in  May  of  the  year  one  thousand  eight  hundred  and 
fifty-three.  Said  commissioners  shall,  within  sixty  days  after  the  pas- 
sage of  this  act,  decide  by  lot  their  respective  terms,  which  decision 
shall  be  notified  by  a  written  statement  to  the  common  council  of  said 
city,  which  shall  be  entered  of  record  on  the  books  of  the  said  com- 
mon council;  and  at  their  first  regular  meeting  in  the  month  of  April 
in  the  year  one  thousand  eight  hundred  and  fifty-six,  and  annually 
thereafter,  the  said  common  council  shall  elect  and  appoint  a  citizen 


f-See  note  19,  Appendix. 


LAWS    RELATING    TO    THE    CITY    OF    DETROIT.  253 


BOARD  OF  WATER  COMMISSIONERS.  CHAPTER  21 


■of  said  city,  being  a  qualified  voter  and  a  freeholder,  as  a  commis- 
sioner, who  shall  hold  his  office  for  five  years  from  the  first  Tuesday 
in  the  May  next  following:     Provided,  That  this  section  shall  not  be  Proviso. 
so  construed  as  to  disqualify  any  member  of  the  said  board  for  re- 
appointment.    And  in  case  of  the  death  or  resignation,  or  removal  Vacancv 

.      .  how  rilled. 

trom  the  city,  of  any  of  said  commissioners,  the  common  council 
shall,  as  soon  thereafter  as  possible,  appoint  to  fill  such  vacancy,  for 
the  remainder  of  the  term,  some  citizen  of  said  city,  being  a  qualified 
voter  and  a  freeholder. 

(S  507.)     Sec.   3.     The  said  commissioners  shall  choose  one  of  President  "* 

"  and  secretary. 

their  own  number  as  president,  who  shall  hold  his  office  until  the  first 
Tuesday  of  May  next  ensuing  the  date  of  his  election;  they  shall  also 
appoint  some  suitable  person  as  secretary,  who  shall  hold  his  office  at 
the  pleasure  of  the  board.  And  in  case  of  the  death,  resignation  or 
removal  from  the  city  of  the  president,  the  said  commissioners  shall 
have  power  to  fill  the  vacancy  so  happening  as  in  the  first  instance. 

(2  508.)  Sec.  4.  The  said  commissioners  shall  have  power  to 
loan,  from  time  to  time,  upon  the  best  terms  they  can  make,  after  "orcis 
giving  public  notice  by  advertising  in  the  city  papers  for  sixty  days, 
and  in  one  paper  in  Boston  and  two  in  New  York,  for  such  time  as 
they  shall  deem  expedient,  a  sum  of  money  not  exceeding  two  hun- 
dred and  fifty  thousand  dollars,  upon  the  credit  of  the  city  of  Detroit, 
and  shall  have  authority  to  issue  bonds  pledging  the  faith  and  credit 
of  said  city  for  the  payment  of  the  principal  and  interest  of  said 
bonds,  which  bonds  shall  issue  under  the  seal  of  said  board  of  com- 
missioners, and  shall  be  signed  by  them,  or  a  majority  of  them,  and 
bearing  interest  not  exceeding  eight  per  cent  per  annum.      And  it  Registry  of 

bonds. 

shall  be  the  duty  of  said  commissioners  to  cause  to  be  kept  an  ac- 
curate register  of  all  bonds  issued  by  them,  showing  the  number, 
date,  and  amount  of  each  bond,  and  to  whom  the  same  was  issued; 
and  it   shall    also  be   their  duty  to    cause   to   be   furnished    to  the 


Power  to  loan 
money  on 


254 


I.WVS    RELATING   TO    THE    CITY   OK    DETROIT. 


Chapti  R  -I 


HOAKI)  OF  WATER  I  OMM1SSIONKKS. 


Copj  furnished  auditor  of  said  city  a  copy  of  such  register,  as  soon  as  the  same  is- 
iiiade,  which  shall  be  preserved  by  said  auditor,  and  copied  into  the 
records  of  said  city. 

Supply  of  (J  509.)     Sec.  5.     It  shall  be  the  duty  of  said  commissioners  to 

examine  and  consider  all  matters  relative  to  supplying  the  city  of  De- 
troit with  a  sufficient  quantity  of  pure  and  wholesome  water,  to  be 
taken  from  the  Detroit  river,  or  such  other  source  as  may  be  deemed 
expedient,  for  the  use  of  its  inhabitants. 


Power  to  em- 
ploy superin- 
tendents, etc. 


Commissioners 
not  to  receive 
compensation. 


Duty  of  Board 
to  erect  and 
maintain 
water  works, 
etc. 


Power  to  pur- 
chase real 
estate. 


(§  510.)  Sec.  6.  Said  commissioners  shall  have  power  to  employ 
superintendents,  clerks,  collectors,  assessors,  engineers,  surveyors  and 
such  other  persons  as,  in  their  opinion,  may  be  necessary  to  enable 
them  to  perform  their  duties  under  this  act,  and  to  specify  the  duties 
of  such  persons  so  employed,  and  to  fix  their  compensation;  Pro- 
vided, That  in  no  case  shall  said  commissioners  receive,  directly  or  in- 
directly, any  compensation  for  their  own  services. 

Q  511.)  Sec.  7.  Said  commissioners  shall  have  power,  and  it 
shall  be  their  duty  at  all  times,  whenever  the  necessary  funds  are  pro- 
vided, to  erect  and  maintain,  within  or  without  said  city,  such  reser- 
voirs, buildings,  machinery  and  fixtures,  and  to  lay  such  pipes  and 
construct  such  aqueducts  and  other  works,  and  secure  and  maintain 

the  same  as  shall  be  required  to  furnish  a  full  supply  of  water  for 
public  and  private  use  in  said  city,  and  to  conduct,  discharge,  dispose 
of  and  distribute  the  same.  The  commissioners  may  take  by  gifts, 
purchase,  lease  or  otherwise,  as  hereinafter  provided,  and  hold  such 
real  and  personal  estate,  and  create  such  rights  therein  as  may  be 
necessary  for  the  purposes  aforesaid.  Whenever  any  lands  are  taken 
by  said  board  without  the  consent  of  the  owner,  as  hereinafter  pro- 
vided, the  commissioners  shall  cause  to  be  recorded,  in  the  office  of 
the  register  of  deeds  of  Wayne  county,  a  certificate,  giving  the  name 
of  the  owner  (if  known)  at  the  time  of  such  taking,  and  a  sufficiently 


I-AWS   RELATING   TO   THE   CITY   OF   DETROIT.  255, 


BOARD  OF  WATER  COMMISSIONERS.  CHAPTER    21 


certain  description  of  such  land.    Whenever  pipes,  aqueducts  or  other  Pipes  laid 

through  pri- 

works  are  laid  or  constructed  by  the  board  beneath  the  surface  of  the  valf.F°Perty; 

ccrtiticiitc  to 

soil  belonging  to  any  person  or  private  corporation,  the  commission- record.  ° 
ers  shall  in  like  manner  cause  to  be  recorded  a  certificate  containing 
the  name  of  the  person  or  corporation  (if  known)  owning  the  soil  at 
the  time  such  pipes,  aqueducts  or  works  are  laid  or  constructed  there- 
in, a  brief  description  of  the  land  in  which  they  are  situated,  their 
general  character  and  direction,  and  such  further  statements  thereof 
as  shall  enable  persons  to  determine  their  location  with  reasonable 
certainty.  Such  certificates  shall  be  signed  by  the  president  and  sec- 
retary of  the  board,  and  recorded  and  indexed  as  deeds,  in  which  the 
owner  of  the  land  is  grantor  and  the  board  of  water  commissioners  of 
the  city  of  Detroit  is  the  grantee.    The  record  thereof  shall  be  deemed  Effectof 

record. 

public  notice  of  all  matters  therein  contained.  The  register  shall  re- 
ceive the  usual  fees  for  recording  such  certificates.  (As  amended  by 
act  No.  359,  Session  Laws  of  1873.) 

(§  512.)     Sec.  8.     The  commissioners  shall  also  provide  and  erect 

Fire  hydrants. 

nre  hydrants,  at  such  localities  in  said  city  as  may  be  deemed  neces- 
sary, aDd  ordered  by  the  fire  commission  or  the  common  council  of 
said  city:     Provided,  That  the  expense  thereof  shall  be  paid  from Yroviso. 
the  funds  of  said  fire  commission  when  their  erection  is  ordered  by 
the  fire  commission,  or  from  the  appropriate  fund  of  the  city  when 
ordered  by  the  common  council;  and,  for  the  purposes  of  this  act,  to 
conduct  pipes,  aqueducts   or  other  works  over  or  under  any  water 
course,  or  under  any  street,  alley,  turnpike,  road,  railroad,  highway  or  streets' h? laying 
other  way,  within  or  without  the  city  of  Detroit,  but  in  such  a  man-  P'PeS 
ner  as  not  to  unnecessarily  obstruct  or  impede  travel  thereon;  and 
they  may  at  all  times  enter  upon  and  dig  up,  with  like  restrictions  as 
to  travel,  such  street,  alley,  road  or  way,  to  lay  such  pipes,  or  con- 
struct such  aqueducts  and  other  works  beneath  the  surface  thereof, 
and  to  maintain  and  repair,  or  renew  the  same,  returning  the  street, 


256 


CAWS    RELATING    To   'nil'.   CITY   OF    DETROIT. 


Chap  i  i  r  SI, 


Drinking 

fountains 


BOARD  01    w.\  1  EB  i  OMMISSIONERS. 


Vssessment  < 
water  rates. 


Lien  on 
premises. 


alley  or  way  to  its  former  condition  so  far  as  may  be.  The  commis- 
sioners may  erect  drinking  hydrants  for  public  use  to  each  block  in 
said  city,  and  keep  the  same  in  repair;  and,  with  the  consent  of  the 
common  council  of  the  city,  they  may  also  erect  fountains  in  such 
public  grounds  of  the  city  as  they  deem  expedient.  (As  amended  by 
Act  No.  350,  Session  Laws  of  1873.) 

('/  513.)  Sec.  9.  Said  commissioners  shall,  from  time  to  time, 
cause  to  be  assessed  the  water  rate  to  be  paid  by  the  owner  or  occu- 
pant of  each  house  or  other  building  having  or  using  water,  upon 
such  basis  as  they  shall  deem  equitable;  and  such  water  rate  shall  be- 
come a  continuing  lien,  until  paid,  upon  such  house  or  other  building' 
and  upon  the  lot  or  lots  upon  whicb  such  house  or  other  building  is 
situated. 


Power  to   make 
by-laws  for   the 
collection  of 
water  rates. 


Sale  of 
property  for 
non-payment 
of  water  rates 


Record  of 
proceedings. 


Report  to   com 
mon  conneil. 


(§  514.)  Sec.  10.  Said  commissioners  shall  have  full  power  to  make 
and  enforce  all  necessary  by-laws,  rules,  and  regulations  for  the  col- 
lection of  said  water  rates,  either  by  the  appointment  of  collectors  to 
demand  the  same,  requiring  payment  as  the  office,  shutting  off  the 
water,  or  by  a  suit  at  law  before  any  court  of  competent  jurisdiction, 
or  by  the  sale  of  the  lot  or  premises  upon  which  such  rates  shall  have 
become  a  lien:  Provided,  That  such  sales  shall  be  conducted  in  the 
same  manner,  and  shall  have  the  same  force,  virtue  and  effect  of  sales 
of  lots  delinquent  for  city  taxes:  And  provided,  further,  That  the 
attempt  to  collect  the  said  rates  by  any  process  above  mentioned  shall 
not  in  any  way  invalidate  the  lien  upon  the  lot  or  premises. 

(§  515.)  Sec.  11.  The  said  commissioners  shall  cause  to  be 
kept  an  accurate  record  of  all  proceedings,  together  with  a  list  of 
all  assessments  for  water  rates,  which  shall  be  subject  to  inspection  at 
all  times. 

(]|  516.)  Sec.  12.  It  shall  be  the  duty  of  said  commissioners  to 
make  a  report  to  the  common  council  of  said  city  annually,  which  re- 


LAWS    RELATING    TO   THE    CITY    OE   DETROIT.  257 

BOARD  OF  WATER  COMMISSIONERS.  CHAPTER    2\ 


port  shall  embrace  a  statement  of  the  condition  and  operation  of  the 
works,  a  statement  of  the  funds  and  secureties  of  said  board,  and  all 
debts  due  and  owing  to  and  from  said  board,  together  with  an  accurate 
account  of  their  expenses:  which  statement  shall  be  certified  by  said 
commissioners,  and  shall  be  entered  of  record  by  the  clerk  of  said 
city,  and  published  in  such  manner  as  said  common  council  may  di- 
rect. 

(§  517.)     Sec.   13.     Whenever  the  receipts  of   said  board,  from  Surplus  fund- 
to  be  invested, 
water   rates,   or   other   sources,   shall    accumulate  so  that  there  shall 

be  a  surplus,  amounting  to  a  sum  of  not  less  than  five  hundred  dol- 
lars, and  needed  for  the  payment  of  the  current  expenses,  or  the  ex_ 
tension  of  said  works,  it  shall  be  the  duty  of  the  commissioners,  to- 
gether with  the  auditor  of  said  4city,  who  shall  be  associated  with 
them  for  that  purpose,  to  invest  the  same  in  some  safe  stocks,  or  upon 
other  real  or  personal  securities.  Such  investment  shall  be  made  in 
the  name  of  said  board,  and  in  such  manner  as  to  make  the  same 
available  for  the  payment  of  interest  and  principal  of  the  bonds  is- 
sued as  aforesaid,  as  soon  as  may  be.     It  shall  be  the  duty  of  said 

Payment  of 

commissioners  to  pay  the  interest  on  such  bonds,  and  as  fast  as  such  Interest  "d 
surplus  fund  will  permit,  also  the  principal,  as  the  bonds  become  due, 
as  funds  for  such  purpose  shall,  from  time  to  time,  accumulate.  The 
said  commissioners  may,  when  they  have  funds  for  that  purpose,  pur- 
chase the  bonds  so  issued  as  aforesaid,  whether  the  same  have  become 
due  or  not;  and  in  case  the  said  commissioners  shall  at  any  time  not 
have  funds  on  hand  sufficient  to  meet  any  of  the  said  bonds  at  the 

time  when  they  shall   become  due,  they  shall  have  the  right  to  issue  New  bonds 

may  be  issued 
new  bonds,  for  such  amount  and  on  such  time  as  they  shall  deem  ex- 
pedient, in  the  place  of  the  bonds  so  becoming  due  as  aforesaid;  the 

Old  bonds 

said  old  bonds  to  be  canceled  in  the  registry  thereof,  and  the  said  new  canceled  and 

new  bonds 

bonds  to  be  recorded  in  the  manner  hereinbefore  provided.  registered. 


Purchase  of 
bonds. 


258  LAWS    RELATING    10   THE   CITY   OV    DETROIT. 

Chapter  21.  board  01   water  commissioners. 


Oatho*  (8  518.)    Sec.  14.     Before  entering  upon  the  duties  of  their  office. 

Commission. 

said  commissioners  shall  each  take  and  file  with  the  city  clerk  an  oath 
or  affirmation,  similar  to  that  provided  in  the  case  of  other  officers  of 
said  city. 

Mains  laid  (§  519.)     Sec.  15.     The  material  of  all  pipes,  aqueducts  and  other 

through   private 

premises  to         works  laid  or  constructed  above  or  beneath  the  soil  of  any  person  or 

remain  property  J    ' 

private  corporation,  shall  be  and  remain  the  sole  property  of  the 
board,  and  subject  to  its  exclusive  control  and  management,  and  no 
person  shall  interfere  or  meddle  therewith  without  the  written  assent 
of  the  board,  signed  by  its  president  and  secretary.  (As  amended  by 
Act  No.  359,  Session  Laws  of  1873.) 

Commissioners  (§  520.)     Sec  10.     Any  member  of  said  board  of  commissioners 

may  at  any  time  be  removed,  by  a  vote  of  two-thirds  of  the  members 
elect  of  the  common  council  of  said  city,  for  sufficient  cause,  and  the 
proceedings  in  that  behalf  shall  be  entered  on  their  journal:  Pro- 
vided, That  the  said  common  council  shall  previously  cause  a  copy  of 

<   opy  '  'f 

charges  to  be      the  charges  preferred  against  the  commissioner  sought  to  be  removed, 

served. 

and  notice  of  the  time  and  place  of  hearing  the  same,  to  be  served  on 
him  ten  days,  at  least,  previous  to  the  time  so  assigned;  and  in  case  of 
such  removal,  the  common  council  shall,  at  their  first  regular  meet- 
ing, or  as  soon  thereafter  as  may  be,  appoint  some  person,  being  a 
citizen  and  a  freeholder,  to  fill  such  vacancy,  and  the  person  so  ap- 
Vacancytobe  pointed  to  till  such  vacancy  may  continue  in  office  for  the  period  his 
predecessor  had  to  strve. 

(§  521.)    Sec.  17.     The  commissioners,  and  under  their  directions,. 
Privi  e<je  of 
entering  upon     their  agents,  servants  and  workmen,  may  enter  upon  any  public  or 

cert a?n  ^  private  land  or  water  for  the  purpose  of  making  all  necessary  surveys> 

purposes. 

and  for  maintaining  their  pipes,  aqueducts  and  other  works,  and  do- 
ing any  other  act  necessary,  to  carry  into  effect  the  purposes  herein 


LAWS   RELATING   TO   THE    CITY   OP*    DETROIT.  259 

BOARD  OF  WATER  COMMISSIONERS.  CHAPTER    21 


expressed.     They  may  also  agree  with  all  persons  interested  in  pri-  Compensation 

for  use  of  pri- 
vate property  as  to  the  compensation  to  be  paid  for  damages  thereto  vate  ProPerty- 

by  their  own  acts  or  the  authorized  acts  of  their  agents  and  employes. 

Upon  such  agreement  being  made,  the  board  shall  forthwith  pay  the 

amount  agreed  upon.     (As  amended  by  Act  No,  359,  Session  Laws  of 

1873.) 

(2  522.)     Sec.  18.     The  board  shall  have  the  power  to  take  in  fee  Power  to  take 

land  in  fee  or 

or  enter  upon  and  use  private  property  or  land,  within  or  without  the  for  special 

purposes. 

limits  of  the  city  of  Detroit,  for  the  purposes  specified  in  this  act.  In 
case  all  the  persons  interested  in  said  property  or  lands,  and  the  com- 
missioners shall  not  be  able  to  agree  upon  the  compensation  to  be 
paid  for  such  taking,  or  for  such  entry  upon  and  use  of  said  lands  for 
the  laying  of  pipes  and  the  construction  of  aqueducts  or  other  works 
beneath  the  surface  thereof,  and  maintaining  and  renewing  the  same 
when  necessary,  the  commissioners  shall  tender,  or  cause  to  be  ten- 
dered to  said  persons  severally,  such  sums  of  money  as  the  board 
shall  deem  a  just  compensation  therefor;  and  the  acceptance  of  the 
money  so  tendered  shall  be  a  bar  to  any  subsequent  claim  of  compen- 
sation for  such  taking  or  for  such  entry  and  use.     But  if  any  of  said  Proceedings 

when  Board 

persons  shall  not  accept  said  money,  or  if  any  of  them  be  infants,  in-  a,ld  owner 

cannot  agree 

sane,  residents  without  the  State,  or  unknown,  the  commissioners,  by  "elation* 
themselves  or  by  attorney,  shall  present  to  the  circuit  court  for  the 
county  of  Wayne  a  petition  in  the  name  of  the  board,  setting  forth  a 
description  of  the  several  parcels  of  property  which  they  seek  to  ac- 
quire, and  of  the  lands  upon  which  they  demand  the  right  of  entry 
and  use  as  aforesaid,  and  for  which  said  tender  has  been  refused;  the 
amount  tendered  for  each  parcel,  and  the  date  of  tender;  the  names 
of  the  persons  interested  therein,  and  their  residences;  who  of  .-aid 
parties  are  infants,  and  their  ages,  if  known:  who  are  insane;  who 
are  non-residents,  and  who  are  unknown,  and  the  character  of  their 
several  interests  so  far  as  the  commissioners  can  discover;  whether 


260  i.wvs   RELATING    To   THE   CITY   OF   DETROIT. 


Chapter  81.  board  of  water  commissioners. 


title  to  the  same  is  sought  by  the  board,  or  merely  the  right  of  entry 
Jury  to  K 

,edl  and  use  for  the  above-mentioned  purposes.  The  petition  snail  also 
demand  a  jury  to  determine  the  necessity  of  taking  said  property,  or 
of  entering  upon  and  using  said  land  therein  described,  and  the  com- 
pensation to  be  paid  to  the  several  persons  therefor,  and  shall  be  veri- 

Petition  to  be  > 

served  on  fied  by  the  oath  of  one  of  the  commissioners.     Before  such  petition  is 

persons 

interested.  presented  to  the  court,  a  copy  thereof  shall  be  served  upon  all  persons 

named  therein  whose  interests  will  be  affected  by  said  proceeding. 
The  copy  of  the  petition  so  served  shall  be  accompanied  by  a  brief 
notice,  directed  to  sa<d  persons,  stating  that  said  petition  will  be  pre- 
sented and  application  made  to  said  court  on  a  day  and  hour  certain 

Public  notice 

sufficient  in        therein  named,  for  a  jury  in  accordance  with  the  demand  thereof.     If 
certain  cases. 

all  of  the  persons  interested  reside  within  one  hundred  miles  of  the 
city  of  Detroit,  such  service  shall  be  made  at  least  six  days  prior  to 
the  day  designated  in  the  notice  for  the  presentation  and  application. 

Mode  of  service 

in  certain  cases,  ^y^gjj  aQy  0f  gaj(j  perSons  reside  over  one  hundred  miles  from  said 
city,  but  within  the  State,  such  service  shall  be  made  on  the  person  so 
residing  at  least  twelve  days  prior  to  the  presentation  and  application 

Notice  shall        aforesaid.     If  any  of  said  persons  shall  reside  without  the  State  or  be 

contain,  what.  •>  r 

unknown,  legal  service  may  be  had  upon  him  or  them  by  notice  pub- 
lished semi-weekly  for  three  suocessive  weeks,  immediately  preced- 
ing the  presentation  and  application,  in  two  daily  newspapers  in  said 
city.  The  notice  shall  be  directed  to  such  person  or  persons  (if 
known),  and  shall  briefly  describe  the  property  or  land  to  be  affected 
by  the  proceeding,  whether  the  title  in  fee  to  the  same  is  sought  to  be 
acquired  by  the  board,  or  if  so,  to  what  part  or  portion,  or  merely  the 
right  of  entry  upon  and  use  of  land  for  the  purpose  of  laying  pipes 
or  constructing  aqueducts  or  other  works  beneath  the  soil,  and  main- 
taining and  renewing  the  same  when  necessary.  The  notice  shall 
also  state  when  the  petition  will  be  presented  to  the  court  and  appli- 
cation for  jury  made.     When  such    ion-resident  or  unknown  person 


EAWS    RELATING    TO    THE    CITY    OK    DETROIT.  261 


HOAKD  OF  WATEK  COMMISSIONERS  CHAPTER    21 


has  an  acknowledged  agent  of   the  property  or  laud  residing  and  Service  on  a 

&  °  i       f       j  resident  agei 


present  in  this  State,  personal  service  of  a  copy  of  the  petition  and  n^ticefe?01*111 

principal, 
notice  accompanying  the  same  may  be  had  upon  the  agent  instead  of 

said  publication,  in  which  the  same  time  before  said  presentation  and 

application  shall  be  allowed  to  his  principal  as  though  he  resided 

more  than  one  hundred  miles  from  said  city,  but  within  the  State. 

The  practice  in  making  the  service  in  this  section  directed,  shall,  ex- 

Service  of  pro- 

cept  as  herein  otherwise  provided,  be  as  prescribed  by  section  twenty-  [^same'sis  be 

under  gfenernl 

four  hundred  and  eighteen  of  the  Compiled  Laws  of  1871.     Service  statute. 

of  such  other  papers  as  may  be  necessary  in  the  proceeding,  and  not 

hereby  provided  for,  shall   be  made  as  directed  by  the  court.     The  Guai.dians  for 

court  shall  also  appoint  special  guardians  of  infants  or  insane  parties, 

when  they  have  no  general  guardian.     (As  amended  by  Act  No.  359, 

Session  Laws  of  1873.) 

(g  523.)     Sec.  19.     On  presenting  such  petition  to  the  court,  at  the 

Presentation  of 

time  appointed,  together  with  due  proof  of  service  of  copies  thereof'  s^seuuent1 

..  ..,,.,.  -,,,  ,  •       proceedings 

and  notice  as  hereinbefore  directed,  all  persons  whose  estate  or  in-  thereon, 
terest  in  said  property  or  land  are  to  be  affected  by  the  proceedings' 
whether  named  in  the  petition  or  not,  may  show  cause  why  the  de- 
mand for  a  jury  should  not  be  granted,  and  the  court  shall  hear  the 
proofs  and  allegations  of  the  parties.  If  no  sufficient  cause  be  shown 
against  granting  such  demand,  the  court  shall  immediately  make  an 
order  to  summon  twelve  freeholders  of  said  county  to  ascertain  and 
determine  the  necessity  of  taking  such  property  by  the  said  commis- 
sioners, or  of  entering  upon  and  using  said  land  for  the  purposes 
aforesaid,  and  to  appraise  and  determine  the  compensation  to  be  al- 
lowed therefor;  and  thereupon  the  court  shall  direct  the  sheriff  of 

said  county  to  make  a  written  list  of  twenty-four  freeholders  of  the  jr^vn'and  of 

whom 
county,  and  otherwise  qualified  to  sit  as  jurors,  and  residing  not  more  composed. 

than  ten  miles  from  the  property  or  land  to   be  affected  by  said  pro- 
ceedings.    Before  making  such  list  the  sheriff  shall  be  sworn  by  the 


i.wvs    RELATING    T<>   THE   CITV    OB    DETROIT. 


ChAPTKI  BOARD  Ol    water  commissioners. 


court  to  select  such  persons  according  to  his  best  judgment,  and  with- 
out favor  or  partiality  to  either  party.  From  such  list  the  commis- 
sioners, or  their  attorney,  may  strike  off  six  names,  aud  the  persons 
interested  in  said  lands  or  property  six  names,  and  in  case  either  of 
them  refuse  to  do  so,  or  none  of  said  persons  interested  are  present 
by  themselves  or  by  attorney,  the  court  shall  strike  from  said  list  six 

Venire  to  issue.  ,  .      .        .  ,,  .  .        .        .. 

names,  so  as  to  leave  only  twelve  names  thereon.  A  venire  in  the 
usual  form  shall  then  issue  from  said  court,  containing  the  twelve 
names  remaining  on  said  list,  and  commanding  the  persons  therein 
named  to  appear  as  jurors  at  the  Wayne  county  court  room  at  a  time 

Service  of 

venire.  uot;  less  than  five  nor  more  than  ten  days  from  the  date  of  said  venire 

which  shall  be  served  by  the  sheriff  at  least  two  days  before  the  re- 
turn day  thereof  ;  service  and  return  of  said  writ  shall  be  made  as  in 
other  cases.  If,  at  the  time  and  place  specified  in  the  venire,  any  of 
the  persons  named  therein  fail  to  appear,  or  if,  of  those  appearing, 
anv  be  found  exempt,  or  shall  be  excused  by  the  court,  or  be  rejected 
on  challenge  (the  right  to  challenge  for  cause  being  hereby  reserved' 
as  in  other  cases),  the  court  may  direct  the  sheriff  to  forthwith  sum- 
mon as  many  persons  qualified  to  act  as  jurors  not  being  rejected  on 
challenge  for  cause,  or  excused,  as  may  be  necessary.      The  court 

Fine  for   failure 

to  respond  to      shall  impose  a  fine  of  not  less  that  three  dollars  on  any  person  duly 

summons. 

summoned  as  a  juror  and  failing  to  attend,  unless  satisfactory  reason 
for  such  failure  shall  be  shown.  The  jury  being  so  impaneled  as 
above  provided,  shall  then  be  sworn  to  discharge  their  duties  faith- 
fully, impartially,  and  according  to  the  best  of  their  ability.  No 
view  of  the  premises  to  be  affected  by  the  proceedings  shall  be  neces- 
sary, unless  the  j  ury  desire  it,  or  a  demand  therefor  be  made  by 
some  of  the  parties,  in  which  case  the  jury  shall  proceed  to  view  said 
aneTiJeSSioners  Preraise8  under  charge  of  the  sheriff,  as  in  other  cases  where  a  view 
to  accompany     is  permitted  or  ordered  by  the  court.     None  of  the  commissioners  or 

jury. 

persons  interested,  or  their  attorneys  or  agents,  shall  be  allowed  to  ac- 


LAWS    RELATING   TO    THK    CITY    OF    DETROIT.  263 


BOARD  OF  WATER  COMMISSIONERS.  CHAPTER  '-!1 


company  said  jury.  A  plat  of  said  property,  when  capable  of  being 
platted,  showing'  the  portion  to  which  the  title  in  fee  is  sought  to  be 
acquired  by  the  commissioners;  or  (where  only  the  right  of  entry 
thereon  and  use  for  the  purposes  above  stated  is  sought)  showing  the 
location  of  the  pipes,  aqueducts,  or  other  wTorks  proposed  to  be  laid 
or  constructed  beneath  the  surface  thereof,  made  and  certified  by  the 
official  surveyor  of  the  board  (if  there  be  such  surveyor)  or  by  the 
surveyor  of  said  city,  shall  be  placed  in  the  hands  of  the  jury  for 
their  inspection.     Immediately  after  such  view  is  had,  or,  if  there  be 

Proceedings 

none,  then  after  the  jury  is  sworn,,  if  no  adjournment  for  good  cause  of  iul>- 
be  granted,  they  shall  proceed  at  the  bai  of  said  court,  and,  and  in  its 
presence  and  under  its  direction  as  to  matters  of  law,  to  hear  and  try 
all  questions  of  fact  as  to  the  necessity  of  the  taking  of  said  property 
by  the  board,  or  of  the  entry  upon  by  the  commissioners,  and  using 
said  land  for  the  purposes  aforesaid,  and  to  dotermine  according  to 
their  best  judgment  the  just  compensation  to  be  paid  therefor  to  the 
several  parties  interested.  The  commissioners  shall  have  the  right  to 
open  and  close  the  case,  and  the  court  shall  charge  the  jury  as  to  such 
matters  of  law  as  shall  be  deemed  necessary.  The  jury  shall  then  re- 
tire for  deliberation  upon  their  verdict  to  be  rendered,  and  shall  re- 
main together  until  they  agree  as  to  the  question  of  necessity  of  tak- 
ing or  of  entering  upon  and  using  said  property  or  land,  and  if  such 
necessity  be  found,  then  as  to  the  amount  of  compensation  to  be  paid 
to  the  several  persons  interested  therein:  Provided,  That  the  court  Proviso. 
may  in  its  discretion  discharge  the  jury  if  it  shall  become  apparent 

that  they  cannot  agree.     When  the  jury  have  agreed  upon  their  ver-  verdict  of 

Jury. 

diet,  they  shall  render  the  same  in  open  court,  and  it  shall  he  recorded 

by  the  clerk,  and   in   their  presence,  and   the  same  being  read  to  them 

the  jurors  shall  severally  give  their  assent  thereto.     The  verdict  shall 

What  to 

describe  the  property  to  be  taken  by  the  board  where  title  therein  iscontain. 
sought,  and  shall  give  a  general  description  of  the  land    upon  whicb 
he  commissioners  seek  the  righl  of  entry  and  use  lor  the  purpose  of 


264 


LAWS    Ki:i.  VTINC,    TO    Till.;    CITY    (>!•     DKTKOIT. 


Chap  i  1  r  21. 


BOARD  "I    u  VTEB  '  OMMISSIONERS. 


Practice,  etc. 


laying  pipes  and  constructing  aqueducts  or  other  works  beneath  the 
surface  thereof,  and  maintaining  and  renewing  the  same  when  neces- 
sary, together  with  their  proposed  location  on  said  land,  the  names  of 
the  persons  interested  in  said  property  or  land,  and  the  several 
amounts  awarded  by  the  jury  to  each  of  them;  aud  the  court  shall 
l hereupon  pronounce  judgment  against  the  board  and  in  favor  of 
said  several  persons  for  said  amounts.  The  practice  upon  the  trial  of 
said  matters  not  herein  otherwise  provided  for  shall,  so  far  as  may  be, 
conform  with  the  trial  of  issues  of  fact  in  courts  of  record  in  this 
State.  If  the  jury  shall  be  unable  to  agree  and  shall  be  discharged 
by  the  court,  the  commissioners  may  again  commence  and  carry  on 
new  proceedings  in  like  manner  in  all  respects  as  above  provided. 
Compensation    Within  twenty  days  after  the  verdict  for  compensation  shall  have 

to  be  paid, when 

been  rendered,  the  board  shall  pay  or  tender  to  the  respective  per- 
sons the  several  amounts  awarded  to  them  by  the  jury,  and  in  case 
any  person  shall  refuse  to  accept  the  same,  be  unknown,  or  reside 
without  the  State,  or  cannot  with  reasonable  diligence  be  found,  or  for 
any  reason  be  incapacitated  to  receive  such  money  or  the  right  there- 
to be  disputed  or  doubtful,  the  same  may  be  deposited  in  court  to 
abide  the  order  of  the.  court,  and  to  be  paid  over  to  the  person  en- 
titled and  competent  to  receive  it.  Upon  failure  of  the  board  to  make 
such  payment,  tender,  or  deposit,  within  the  time  above  specified,  ex- 
cept when  an  appeal  has  been  taken  as  hereinafter  provided,  such 
failure  shall  be  considered  an  abandonment  of  the  proceedings  as  to 
the  person  or  persons  entitled  thereto.  If  at  any  time  before  verdict 
it  shall  appear  to  the  court  that  there  are  adverse  or  conflicting  claim- 
ants to  the  money  or  any  part  of  it  to  be  paid  as  compensation  for  the 
property  or  land  to  be  affected,  an  order  may  be  entered  in  said  pro- 
ceedings directing  the  money  or  such  part  as  may  be  necessary,  to  be 
paid  into  court  by  the  commissioners  within  said  twenty  days,  and  the 
court  may  subsequently  determine  who  is  entitled   to  the   same,  and 


Tender  of  pay 
raent  if  not 
made  within 
certain  time 
proceedings 
void. 


I.AWS    RELATING   TO   THE   CITY   OK    DETROIT.  265 

BOAKD  OF  WATER  COMMISSIONERS.  <    I!  WTKK  21 


direct  to  whom  the  same  shall  be  paid,  and  may,  in  its  discretion, 
order  a  reference  to  ascertain  the  facts.  Whenever  the  commission- 
ers pay  any  award  of  compensation,  they  shall  be  entitled  to  a  receipt 
for  such  money,  and  if  the  same  be  refused,  they  may  pay  the  same 
into  court  as  if  tender  thereof  had  been  made  and   refused.     At  any  Costs  where 

proceedings 

time  before  verdict,  the  board  may,  after  sufficient  cause  shown,  and  ^^.'f0011 
upon  leave,  discontinue  ail  proceedings  against  any  or  all  of  the  per" 
sons  interested,  and  in  case  such  discontiuuance  shall  be  had  as  to 
only  a  portion  of  said  persons,  the  court  shall  award  them  such  costs 
as  it  may  deem  just  to  be  paid  by  the  board;  and  if  the  discontinuance 
be  had  as  to  all  of  said  persons,  the  commissioners  shall  pay  all  cost3 
of  the  proceeding.  In  case  of  discontinuance  as  to  part  or  all  of  said 
persons,  the  court  may  also  allow  a  reasonable  attorney  fee,  to  be 
taxed  against  the  board.  When  tender  has  been  made  by  the  board 
to  any  persons  interested,  before  the  presentation  of  the  petition  and 
application  as  hereinbefore  directed,  and  the  jury  shall  award  to  such 
persons  no  greater  compensation  than  the  sum  tendered,  the  court 
shall  allow  against  him  and  in  favor  of  the  board  such  costs  as  may  be 
just,  and  the  same  may  be  deducted  from  the  amount  to  be  paid  to 
such  person.  No  attorney  fees  shall  be  allowed  to  the  board,  and  no 
such  fee  shall  be  allowed  to  any  persons  except  to  those  who  on  the 
trial  of  said  matter  have  actually  appeared  by  attorney.  The  costs 
and  fees  to  be  allowed  in  such  proceedings  shall  be  such  as  are  pro- 
vided by  the  general  laws  of  the  State,  and  where  no  provision  is 
made,  then  such  as  the  court  may  direct.     All  questions  of  costs,  ex-  „  ,  , 

J  1  '  Cost  and  fees 

cept  as  in  this  act  provided,  shall  be  in  the  discretion  of  the  court.  a°  are  provided 

under  laws  of 

When  payment,  or  tender  or  deposit  has  been  made  by  the  commis- the  state, 
sioners  as  above  required,  they  shall  be   entitled  to  and  may  take  ex- 
clusive possession  of  said  property  and  land,  and  shall  hold  the  same 
in  fee,  and  may  at  all  times  erect  such  reservoirs,  buildings,  machinery 
and  fixtures  thereon  as  the  board  may  deem   necessary  or  proper  to 


266  CAWS    RELATING    TO   THE   CITV   OE    DETROIT. 


CIIAPTKR  21  BOARD  OI    WATER  COMMISSIONERS. 


carry  out  the  purposes  of  tliis  act,  or  whore  only  the  right  of  use  as 
aforesaid  has  been  sought  and  obtained  by  the  board,  and  shall  have 
the  perpetual  right  to  enter  upon  said  land,  and  lav  pipes  and  con- 
struct aqueducts  and  other  works  beneath  the  surface  thereof,  and  to 
maintain  and  renew  the  same  whenever  necessary,  but  in  no  other 
place  or  portion  of  said  land  than  that  decided  upon  in  said  proceed- 
ings.    (As  amended  by  Act  No.  359,  Session  Laws  of  1873.) 

Appeal  to  ($521)     Sec.  20.     Any  person  interested  in  said  property  or  land  . 

supreme  Court.         vo  '  J   *  *       '        J 

feeling  himself  aggrieved  by  the  verdict  of  the  jury  and  the  judg- 
ment rendered  thereon,  and  who  shall  not  have  received  the  compen- 
sation awarded  him,  may  appeal  to  the  s.upreme  court,  by  filing,  in 
writing,  with  the  clerk  of  said  circuit  court,  a  notice  of  such  appeal 
and  specifications  of  the  errors  complained  of,  within  ten  days  after 
the  rendering  of  said  verdict  and  pronouncing  said  judgment,  and 
serving  within  the  same  time  a  copy  thereof  upon  the  board,  and 
filing  a  bond  with  said  clerk,  to  be  approved  by  the  judge  of  the 
court  or  a  circuit  court  commissioner  of  said  county,  conditioned  to 
prosecute  said  appeal,  to  effect  and  pay  all  costs  that  may  be  adjudged 
Bond  on  appeal,  against  him  in  case  said  verdict  and  judgment  be  affirmed.  On  filing 
of  said  bond  the  clerk  shall,  as  soon  as  practicable,  transmit  to  the 
supreme  court  a  certified  copy  of  all  of  said  proceedings  on  file  in 
his  office.  The  supreme  court  shall,  at  the  next  term  thereafter,  hear 
and  determine  the  matter  of  said  appeal,  and  affirm  or  reverse  said 
verdict  and  judgment;  but  the  same  shall  not  be  reversed  for  any 
mere  matter  of  form,  nor  for  errors,  except  errors  of  law,  and  only  in 
regard  to  the  appellant  or  appellants.  The  court  shall  give  judgment 
for  reasonable  costs  and  expenses  in  the  matter  of  the  appeal;  and  all 
costs  and  expenses  awarded  to  the  commissioners,  in  case  of  affirma- 
tion, shall  be  applied  on  and  deducted  from  the  compensation  to  be 
paid  the  appellant  or  appellants  against  whom  the  judgment  and  ver- 
dict below  have  linen  affirmed.     When  the  verdict  and  judgment  are 


r,AWS    RELATING    TO   THE   CITY   OF   DETROIT.  267 


HOARD  OK  WATER  COMMISSIONERS.  CHAPTER  21 


reversed,  the  supreme  court  may  direct  the  proceeding  before  the 
same  or  a  new  jury,  and  may  make  such  further  direction  or  order  in 
the  premises  as  may  be  necessary.     The  second  verdict  and  judgment 
shall  be  final  and  conclusive;  and  the  commissioners  shall  pay,  tender 
or  depost  the  sums  of  money  awarded  as  compensation,  on  such  sec 
ond  verdict,  within  twenty  days  after  its  rendition,  or  forfeit  all  rights 
thereunder.      When  the  original  verdict  and   judgment  shall    have 
been  reversed,  in  whole  or  in  part,  and  the  commissioners  shall  desire 
a  second  verdict,  they  shall  serve  notice  of  application  for  a  new  jury 
or  the  calling  together  of  the  former  jury  (as  the  case  may  be)  for 
that  purpose,  only  on  the  successful  appellants.     No  second  service  of 
the  petition  shall  be  necessary,  but  the  notice  shall  be  sufficiently 
specific  to  afford  the  parties  entitled  thereto  full  information  of  the 
intention  of  the  commissioners  to  demand  a  second  verdict  and  judg- 
ment.    All  other  proceedings  to  obtain  a  second  verdict  and  judgment 
shall  be,  as  nearly  as  practicable,  like  those  to  obtain  the  first.     If  the 
commissioners  shall  fail  or  neglect  to  give  said  notice  for  ninety  days 
after  reversal  of  verdict  and  judgment,  they  shall  be  deemed  to  have 
abandoned  said  proceedings.     If  said  appeal  shall  have  been  taken 
1h> fore  the  payment,  tender  or  deposit  above  provided  for,  the  obliga- 
tion of    the    board   to   make   the   same   shall  be   suspended  pending 
the  appeal,  but  shall  be  made  within  twenty  days  after  affirmance  o 
said    verdict  and   judgment,  when   the   same  is   affirmed,  otherwise 
within  the  same  period   after  a  second  verdict  and  judgment  is  ren- 
dered.     The  appeal  -hail   not  prevent  the  board  from  taking  posses- 
sion of  said  property,  or  from  using  said  land  for  the  purposes  of  this  board^rom 
act:  and  in  case  the  commissioners  shall  deem  that  public  necessity  possession,  etc. 
so  require,  they  may  enter  upon  and  take  such   possession  and  make 
such  use  of  said    property  or   land,  first    filing  with   the  clerk    of  said 
court  a  bond  approved  by  the  judge  thereof,  or  by  the  recorder  of  said 
city,  in  such  penal  sum  as  said  judge  or  recorder  may  determine,  con 


ppeal  not  tc 


LAWS    HKI.ATINC.    TO    TIIK    CITY    OI-'    DETROIT. 


Chapter  IS 


BOARD   <U      W    \TI    K    I    I  IMMISSIDM    Its, 


To  preserv  e 

thi'  purity  of 
water  supply. 


Notices  of 
penalty  to  be 
posted  in  cer- 
tain places. 


ditioned  thai  the  board  Will  pay  to  all  persons  interested,  and  partic- 
ularly tn  the  appellants,  within  the  time  above  limited  therefor,  all 
sii'h  sums  )f  money  as  shall  be  finally  awarded  to  them  as  compensa- 
tion in  said  proceedings.  Said  bond  shall  also  contain  such  other  con- 
ditions or  stipulations  as  the  said  judge  or  recorder  shall  think  neces- 
sary to  save  said  persons  harmless  from  loss  or  damage;  and  there" 
upon  the  commissioners  may  take  possession  of,  or  enter  upon  and 
use  the  property  and  land  as  aforesaid.  (As  amended  by  Act  No.  339,. 
Session  Laws  of  1873.) 

(§  525.)  Sec  21.  If  any  person  shall  wilfully  do,  or  cause  to 
be  done,  any  act  whereby  any  work,  materials,  or  property  whatso- 
ever, erected  or  used  within  or  without  the  city  of  Detroit  by  the 
Comrnisioners,  or  by  any  person  acting  under  their  authority,  for  the 
purpose  of  procuring  or  keeping  a  supply  of  water,  shall  be  injuredv 
or  shall  wilfully  throw  or  place,  or  cause  to  be  thrown  or  placed,  any 
carcass  of  any  dead  animal  or  person,  or  any  other  deleterious  or 
filthy  substance  whatever,  in  any  reservoir,  pipe,  or  aqueduct  of  said 
Board,  through  which  water  for  public  or  private  use  is  conveyed,  or 
shall  throw,  or  place,  or  cause  to  be  thrown  or  placed,  any  such  car- 
cass, deleterious  or  filthy  substance  in  the  Detroit  River  or  Lake  St. 
Clair,  within  a  distance  of  six  miles  above  any  inlet  pipe  of  said 
board  extending  into  said  river,  and  through  said  supply  of  water  or 
any  part  thereof  is  received,  or  do,  or  cause  to  be  done,  any  other 
act  to  wilfully  pollute  said  water,  he  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  five  hundred  dollars,  or  imprisonment  in  the  Detroit  house 
of  correction  for  a  period  not  exceeding  two  years,  or  both,  at  the 
discretion  of  the  court  before  which  the  case  is  tried.  The  commis- 
sioners shall  erect  notices  of  so  much  of  this  section  as  relates  to 
reservoirs  and  the  Detroit  river  and  Lake  St.  Clair,  at  conspicuous 
points  on  such  reservoirs  and  along  the  American  shore  of  said  river 


J 


I„AWS    RELATING   TO    THE   CITY   OF   DETROIT.  269 


HOARD  OF  WATER    COMMISSIONERS.  L  "  U'T1-"    »• 


and  lake,  within  the  distance  above  mentioned,  and  for  this  purpose 
they  or  their  agents  shall  have  the  right  to  enter  upon  private  prop- 
erty.   (As  amended  by  Act  No.  859,  Session  Laws  of  1873.) 

(§  526.)  Sec.  22.  If  any  person  shall,  without  authority  of  the  J$!jJ*g5*  etc 
commissioners  or  their  proper  agents,  perforate  or  bore,  or  cause  to  be 
perforated  or  bored,  any  distributing  pipe,  main,  log  or  aqueduct  be- 
longing to  said  works  of  this  board,  or  make,  or  cause  to  be  made, 
any  connection  or  communication  with  said  pipes,  aqueducts  or  logs, 
or  meddle  with  or  move  the  same,  or  any  machinery,  apparatus,  or 
fixture  of  the  board,  or  take  down,  or  deface  any  of  the  notices  pro- 
vided for  in  the  last  section,  or  cause  the  same  to  be  done,  the  person 
so  offending  shall,  on  conviction,  be  punished  by  a  fine  not  exceeding  p*-'naUv 
one  hundred  dollars,  and  shall  also  be  sentenced  to  imprisonment  in 
the  Detroit  house  of  correction  until  such  fine  be  paid,  not  exceeding 
six  months.  Any  person  who  shall  wilfully  and  maliciously  break  or  ^'^'"f 
cut  any  inlet  pipe,  main  distributing  pipe,  log,  or  aqueduct  used  by  pipes 
the  commissioners  for  conducting  said  water,  or  shall  dig  into,  or 
break  up,  any  reservoir  filled,  or  partially  filled,  with  water,  or  shall 
break  or  injure  any  pumping  engine,  or  any  part  thereof,  or  any  of 
the  machinery  connected  therewith,  belonging  to  said  board,  or  cause 
any  of  said  acts  to  be  done,  shall  be  deemed  guilty  of  felony,  and  Penaity. 
upon  conviction  thereof  shall  be  punished  by  imprisonment  in  the 
state  prison  not  more  than  five  years,  or  by  a  fine  not  exceeding  one 
thousand  dollars,  and  imprisonment  in  the  jail  of  said  Wayne  county 
not  more  than  one  year.  All  violations  of  the  provisions  of  this  act 
shall,  when  committed  within  the  limits  of  the  city  of  Detroit,  be  tried 
in  the  recorder's  court  of  said  city,  and  when  committed  beyond  said 
limits,  they  shall  be  tried  in  the  circuit  court  for  the  county  of  Wayne. 
(As  amended  by  Act  No.  359,  Session  Laws  of  1873.) 

(§  527.)    Sec.  23.    The  commissioners  shall  have  power  to  extend  ^.*ten"°n  of 
their  distributing  pipes,  aqueducts  and  mains,  and  erect  hydrants, 


270  t,AWS    RELATING    To   THE   CITY   OF    DETROIT. 


CHAPTRR  81,  BOARD  OF  WATEK  COMMISSIONERS. 


without   the   limits  of  said  city,  and   to   regulate,  protect  and  control 

such  portions  of  their  works  and  the  water  suppty   therefrom  in  the 

same  manner  that  they  may  regulate,  protect  and  control  their  works 

_     .  and   the  water  supply  within  the  city:     Provided,  That  before  any 

Proviso.  ii.  j  j 

water  shall  be  supplied  to  any  person  or  persons  residing  outside  the 
limits  of  the  city,  the  entire  cost  of  the  distributing  pipes  necessary 
to  supply  such  person  or  persons  shall  be  paid  to  the  said  board,  and 
all  such  distributing  pipes,  through  which  any  water  shall  be  sup- 
plied by  said  water  board,  shall  be  the  property  of  said  board,  and 

Further  proviso  form  paitof  its  system  of  distributing  pipes:  And  provided,  further 
That  the  rates  at  which  water  shall  be  sold  to  persons  residing  outside 
the  city  limits  shall  be  discretionary  with  said  board  of  water  com- 
missioners, but  such  rates  shall  not  exceed  double  the  rates  charged 
within  the  city  limits.  They  shall  also  have  all  such  other  and  fur- 
ther powers  and  rights  not  herein  granted  as  are  given  to  water  boards 
by  the  general  laws  of  this  State,  and  as  are  not  inconsistent  with  the 
powers  and  rights  herein  granted.  If  the  said  board  shall  at  any 
time  not  have  funds  ou  hand  sufficient  to  meet  and  pay  any  of  the 
bonds  heretofore  issued  by  said  board  at  the  time  wher  they  shall  be- 
come  due,   they   shall  have   the  right  to  issue  new  bonds  for   such 

Re-issue  of 

bonds.  amounts  and  on  such  time  as  they  shall  deem  expedient,  in  the  place  of 

the  bonds  so  becoming  due  as  aforesaid,  or  such  part  thereof  as  said 
board  shall  be  unable  then  to  pay;  but  in  no  instance  shall  such  new 
bonds  wThen  issued  bear  interest  at  a  higher  rate  than  the  old  bonds 
for  which  the  same  shall  be  issued;  the  said  old  bonds  shall  be  taken 
up  and  canceled,  and  such  cancellation  recorded  or  otherwise  indi- 
cated in  the  registry  thereof,  and  the  new  bonds  shall  be  recorded  in 
the  registry  in  which  said  old  bonds  were  recorded,  as  provided  by 
the  law  under  which  said  old  bonds  were  issued.  (As  amended  April 
27,  1883.) 

(§  528.)     Sec.  24.     It  shall  be  the  duty  of  said  commissioners,  at 


LAWS    RELATING   TO   THE   CITY    OF   DETROIT.  27I 

KO.-tKD  OK  WATER   COMMISSIONERS.  CHAPTER    21 


least  thirty  days  before  the  time  fixed  by  the  ordinance  of  said  city  Commissioners 

J         •'  J  J   to  report  to 

for  assessing  city  taxes,  to  make  a  special  report  to  the  common  coun-  CounciTwhat 

sum  may  be 

cil  of  said  city,  what,  if  any  sum,  will  be  needed  by  said  commis  required  to  pay 

interest,  etc. 

sioners,  over  and  above  the  revenue  of  said  board,  to  meet  the  pay- 
ment of  interest  or  principal  of  the  bonds  issued  as  aforesaid;  and  it 

Common 

shall   be  the  duty  of  the  common  council  to  raise  said  amount  by  a  Council  to 

raise  sum  by 

special  tax,  in  the  same  manner  as  general  taxes,  to  be  designated  a  tax- 
water  tax;  and  the  said  amount  shall  be  paid  over  to  said  board  by  the 
treasurer  of  said  city. 

(§  529.)    Sec.  25.     No  one  or  more  of  the  said  commissioners  Commissioners 

not  to  be  in- 

shall  be  interested,  either  directly  or  indirectly,  in  any  contract  en-  terested  in 

contracts  or 

tered  into  by  them,  with  any  other  person;  nor  shall  they  be  inter-  materials 
ested,  either  directly  or  indirectly,  in  the  purchase  of  any  material  to 
be  used  or  applied  in  and  about  the  uses  and  purposes  contemplated 
by  this  act. 

(i  530.)     Sec.  26.     All  lands,  lots,  docks,   buildings,  machinery  Lands  etc    of 
pipes,  logs,  hydrants,  and  all  fixtures  whatsoever,  purchased,  desig-  conveyed  to 

the  Board  of 

nated  or  used  for  the  present  water  works  of  the  city  of  Detroit,  are  Commissioners. 

hereby  conveyed  to  and  vested  in   said  board  of  commissioners,  v/ho 

shall  have  full  power  to  regulate,  protect  and  control  the  same;  and 

all  the  authority,  rights  and  power  heretofore  exercised  and  had  by 

-aid  city,  over  said  works,  are  hereby  continued  to  and  vested  in  said 

board  of  commissioners. 

(§  531.)     Sec.  27.     The  said  commissioners  are  hereby  vested  with  Power  to  make 
lull  power  to   make  and  enforce  such  by-laws,  regulations  and  ordi- 
nances as   may  be  necessary  to  carry  into  effect  the  object  and  intent 
of  this  act,  and   to  supply  any  power  or   mode  not  already  specified 

therein,  and  shall  cause  all   such  by-laws,  regulations  and  ordinances 

By-laws,  etc., 
t>>  be  entered  into  a  bonk  to  lie  kept  for  that  purpose,  and  signed  by t0  be,  entered 

°  J   in  a  book. 

the  president  and  secretary,  which,  when  so  entered  and  signed,  shall 
We  evidence  in  any  court  of  justice. 


CAWS    Ki.i.ATING  TO   THK   CITV    <>!•    DETROIT. 


I    HAPTEB    H  uuami  OI    WATER  COMMISSIONERS, 


Commissioners  (§  532.)     Si;c.  28.      In  addition  to  all  other  powers  conferred  upon 

authoi  i  ed  t.>  ' 

assessment.  s:lu'  commissioners,  they  arc  authorized  to  and  shall  assess  upon  each 
and  every  lot  in  the  city  of  Detroit,  in  front  of  which  water  pipes  are 
laid,  an  annual  tax  or  assessment  of  three  cents  per  lineal  foot  of  the 
frontage  of  such  lot  or  lots,  and  which  do  not  pay  water  rates,  which 
shall  be  a  lien  upon  such  lot  or  lots,  and  may  be  collected  from  the 
owner  or  owners  of  such  lot  or  lots,  or  by  sale  thereof  in  the  same 
manner  as  is  provided  by  sections  nine  and  ten  in  reference  to  water 
rates:  Provided,  That  no  such  lot  or  lots  shall  be  so  taxed  on  more 
than  one  front;  and  where  such  pipes  are  laid  across  more  than  one 
front  of  any  lot,  only  the  shortest  front  shall  be  estimated  in  making 
such  assessment-.*  (As  added  by  Act  No.  477  of  Session  Laws  of 
1869,  and  numbered  section  28.) 

Vets  repealed  (§  533.)    Sec.  29.     All  acts  or  parts  of  acts  contravening  the  pro- 

visions of  this  act  are  hereby  repealed.     (As  numbered  section  29,  by 
Act  477,  Session  Laws  of  1869.) 

Act  amended.  (§  534.)     Sec.  30.     This  act  may  at  any  time  be  altered,  repealed 

or  amended.     (As  numbered  section  30,  Act  No.  477,  Session  Laws  of 
1869.) 

(g  535.)     Sec.  31.     On  and  after  the  second  Tuesday  of  January, 

ated  by°then"  eighteen  hundred  and  eighty-two,  the  members  of  the  said  board  of 
water  commissioners  shall  be  appointed  by  the  city  council  of  the 
city  of  Detroit,  on  the  nomination  of  the  mayor  of  said  city,  and  va- 
cancies shall  be  filled  in  the  same  manner.  (As  amended  by  Act  ap- 
proved June  7,  1881.) 


*See  note  20,  Appendix. 


LAWS   RELATING   TO    THE   CITY   OF   DETROIT.  273 

HOARD  OF  WATER  COMMISSIONERS.  CHAPTER   21 


ACT   AUTHORIZING    BONDS    FOR     $250,000. 

An  Act  to  authorize  the  water  commissioners  of  the  city  of  Detroit  to 
loan  money  for  the  purpose  of  extending  and  improving 
the  water  works  of  said  city.     (Approved  Febru- 
ary 6th,  1853.     Laws  of  1853,  p.  31.) 

(§  530',)     SECTION  1.      The  people  of  the  State  of  Michigan  enact, 
That  the  board  of  water  commissioners  of  the  city  of  Detroit  shall  Power *° make 

J  loan  and 

have  power  to  loan,  upon  the  best  terms  they  can  make,  and  for  such 
time  as  they  shall  deem  expedient,  a  sum  of  money  not  exceeding 
two  hundred  and  fifty  thousand  dollars,  upon  the  credit  of  said  city 
of  Detroit,  and  shall  have  authority  to  issue  bonds  pledging  the  faith 
and  credit  of  said  city  for  the  payment  of  the  principal  and  interest 
of  said  bonds;  which  bonds  shall  issue  under  the  seal  of  said  board 
of  commissioners,  and  shall  be  signed  by  them,  or  a  majority  of  them, 
and  bearing  interest  not  exceeding  eight  per  cent,  per  annum.  And 
it  shall  be  the  duty  of  said  commissioners  to  cause  to  be  kept  an  ac- 
curate register  of  all  bonds  issued  by  them,  showing  the  number, 
date  and  amount  of  each  bond,  and  to  whom  the  same  was  issued;  and 
it  shall  also  be  their  duty  to  cause  to  be  furnished  to  the  auditor  of 
said  city  a  copy  of  such  register,  as  soon  as  the  same  is  made,  which 
shall  be  preseryed  by  said  auditor,  and  copied  into  the  record  of  said 
city.  And  the  said  sum  of  money  shall  be  expended  by  said  commis- 
sioners solely  for  the  purpose  of  extending  and  improving  the  water 
works  of  the  city  of  Detroit,.     This  act  shall  take  immediate  effect. 


274  LAWS    RELATING    TO   THE   CITY    OF   DETROIT. 

Chapter  31.  board  oi  water  commissioners, 


ACT   AUTHORIZING    BONDS    FOR   $250,000. 

An  Act  to  authorize  the  water  commissioners  of  the  city  of  Detroit  to- 
borrow  money  for  the  purpose  of  extending  and  improving 
the  water  works  of  said  city.     (Approved  Febru- 
ary 10th,  1857.     Laws  of  1857,  p.  200.) 


(§  537.)      SECTION  1.      The  People  of  the  State  of  Michigan  enact, 
Board  of  That  the  board  of  water  commissioners  of  the  citv  of  Detroit  shall 

Water  Com-  J 

iiorrmv^monev^.  have  power  to  borrow,  upon  the  best  terms  they  can  make,  and  for 
such  time  as  they  shall  deem  expedient,  a  sum  of  money  not  exceed- 
ing two  hundred  and  fifty  thousand  dollars,  upon  the  credit  of  said 
city  of  Detroit,  and  shall  have  authority  to  issue  bonds,  pledging  the 
faith  and  credit  of  said  city  for  the  payment  of  the  principal  and  in- 
terest of  said  bonds;  which  bonds  shall  issue  under  the  seal  of  said 
board  of  commissioners,  and  shall  be  signed  by  them,  or  a  majority 
of  them,  and  bearing  interest  not  exceeding  eight  per  cent  per  annum; 
and  it  shall  be  the  duty  of  said  commissioners  to  cause  to  be  kept  an 
accurate  register  of  all  bonds  issued  by  them,  showing  the  number, 
date,  and  amount  of  each  bond,  and  to  whom  the  same  was  issued; 
and  it  shall  also  be  their  duty  to  cause  to  be  furnished  to  the  con- 
troller of  said  city  a  copy  of  such  register,  as  soon  as  the  same  is 
made,  which  shall  be  preserved  by  said  controller  and  copied  into  the 

Money  how       records  of  said  city;  and  the  said  sum  of  money  shall  be  expended  by 

expended. 

said  commissioners  solely  for  the  purpose  of  extending  and  improv- 
ing the  water  works  of  the  city  of  Detroit:  Provided,  That  the  said 
board  of  commissioners  shall  not  contract  said  loan  until  they  are  au- 
thorized and  empowered  so  to  do  by  the  common  council  of  the  city 
of  Detroit.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


LAWS   RELATING   TO   THE   CITY   OK   DETROIT. 


HOARD  OF  WATER  COMMISSIONERS. 


Chapter  21 


ACT   AUTHORIZING   BONDS   FOR     $250,000. 

An  Act  to  authorize  the  water  commissioners  of  the  city  of  Detroit  to 
borrow  money  for  the  purpose  of  extending  and  im- 
proving the  water  works  of  said  city. 
(Approved  February  17,  1869.) 

(§  538.)  Section  1.  The  People  of  the  State  of  Michigan  enact,  ^ 
That  the  board  of  water  commissioners  of  the  city  of  Detroit  shall  J^ff™,  ™oney 
have  power  to  borrow,  upon  the  best  terms  they  can  make,  and  for 
such  time  as  they  shall  deem  expedient,  a  sum  of  money  not  exceed- 
ing two  hundred  and  fifty  thousand  dollars,  upon  the  credit  of  said 
city  of  Detroit,  and  shall  have  authority  to  issue  bonds,  pledging  the 
faith  and  credit  of  said  city,  for  the  payment  of  the  principal  and 
interest  of  said  bonds;  which  bonds  shall  is3ue  under  the  seal  of  said 
board  of  commissioners,  and  shall  be  signed  by  them,  or  a  majority 
of  them,  and  bearing  interest  not  exceeding  eight  per  cent  per  an- 
num. And  it  shall  be  the  duty  of  said  commissioners  to  cause  to  be 
kept  an  accurate  register  of  all  bonds  issued  by  them,  showing  the 
number,  date  and  amount  of  each  bond,  and  to  whom  the  same  was 
issued;  and  it  shall  also  be  their  duty  to  cause  to  be  furnished  to  the 
controller  of  said  city  a  copy  of  said  register,  as  soon  as  the  same 
is  made,  which  shall  be  preserved  by  said  controller,  and  copied  into 
the  records  of  said  city.  And  the  said  sum  of  money  shall  be  ex- 
pended by  said  commissioners  solely  for  the  purpose  of  extending 
and  improving  said  waterworks  of  the  city  of  Detroit:  Provided,  Proviso> 
That  the  said  board  of  commissioners  shall  not  contract  said  loan 
until  they  are  authorized  and  empowered  so  to  do  by  the  common 
council  of  the  city  of  Detroit. 

This  act  shall  take  immediate  effect. 


276  i.aws    RELAXING    TO   THE    CITY    01?    DETROIT. 

Chapter  21  boaks  01  water  commissioners. 


ACT   AUTHORIZING    ISONDS   FOE    $1,000,000. 

An  Act  to  authorize  the  board  of  water  commissioners  of  the  city  of 

Detroit  to  borrow  money  for  the  purpose  of  extending 

and  improving  the  water  works  of  said  city. 

(Approved  March  8th,  1873. 

(§  r>:>9.)     SECTION  1.      The  people  of  the  State  of  Michigan  enact, 
Water  Com- 
missioners That  the  board  of  water  commissioners  of  the  city  of  Detroit  shall 

authorized  to 

borrow  money.  have  power  to  borrow,  upon  the  best  terms  they  can  make,  and  for 
such  time  as  they  shall  deem  expedient,  a  sum  of  money  not  exceed- 
ing one  million  dollars  upon  the  credit  of  said  city  of  Detroit,  and 
shall  have  authority  to  issue  bonds  pledging  the  faith  and  credit  of 
said  city  for  the  payment  of  the  principal  and  interest  of  said  bonds; 

May  issue 

bonds.  which  bonds  shall  issue  under  the  seal  of  said  board  of  commissioners, 

and  shall  be  signed  by  them,  or  a  majority  of  them,  and  bearing  interest 
not  exceeding  seven  per  cent  per  annum ;  and  it  shall  be  the  duty  of  said 
commissioners  to  cause  to  be  kept  an  accurate  register  of  all  bonds 

register  o'f  issued  by  them,  showing  the  number,  date  and  amount  of  each  bond, 
and  to  whom  the  same  was  issued;  and  it  shall  also  be  their  duty  to 
cause  to  be  furnished  to  the  controller  of  said  city  a  copy  of  such 

rontroUei-'with  register  as  soon  as  the  same  is  made,  which  shall  be  preserved  by  said 

copy  of 

register.  controller,  and  copied  into  the  records  of  said  city;  and  the  said  sum 

of  money  said  be  expended  by  said  commissioners  solely  for  the  pur- 
pose of  extending  and  improving  the  water  works  of  the  city  of  De- 
troit: Provided,  That  the  said  board  of  commissioners  shall  not  con- 
tract said  loan  until  they  are  authorized  and  empowered  so  to  do  by 
the  common  council  of  the  city  of  Detroit. 


LAWS   RELATING   TO    THE    CITY   OF   DETROIT.  277 

BOARD  OF  WATER    COMMISSIONERS.  CHAPTER   21 


(8  540.)     Sec.  2.     If  the  said  commissioners  shall,  at  any  time,  x™  bonds 

\a  '  »  may  be  issued. 

not  have  funds  on  hand  sufficient  to  meet  any  of  the  said  bonds  at  the 
time  when  they  shall  become  due,  they  shall  have  the  right  to  issue 
new  bonds  for  such  amount,  and  on  such  time,  as  they  shall  deem 
expedient,  in  the  place  of  the  bonds  so  becoming  due  as  aforesaid,  or 
such  part  thereof  as  said  commissioners  shall  be  unable  then  to  pay; 
the  said  old  bonds  so  taken  up  shall  be  canceled,  and  such  cancella- 
tion recorded  or  otherwise  indicated  in  the  registry  thereof,  and  the 
said  new  bonds  shall  be  recorded  in  the  manner  hereinbefore  pro- 
vided.    It  shall  be  the  duty  of  the  common  council,  and  said  council  Mo       for 

i       .     i  i  j  ii       payment  of 

is  hereby  empowered,  to  cause  to  be  levied  and  assessed  annually,  bonds and 

interest;  how 

upon  the  taxable  property  in  said  city,  the  sum  of  seventy-five  thou-  raised. 

sand  dollars,  the  same  to  be  included  in  each  annual  tax  assessment 

levied  on  said  city,  and  the  same  shall  not  require  or  be  conditioned 

upon  the  vote  of  the  freemen  of  said  city.    The  said  sum  shall  be  How  collected 

and  appro- 
collected  the  same  as  other  general  taxes,  and  shall,  from  time  to  Priated- 

time,  as  received,  be  paid  over  to  said  board  by  the  treasurer  of  said 
city;  and  the  moneys  so  paid  over  by  said  treasurer  to  said  board  shall 
be  used  and  appropriated  by  said  board,  first,  in  payment  of  the  in- 
terest of  the  said  bonds;  second,  if  there  be  any  surplus,  after  pay- 
ment of  the  interest  accruing  during  the  year,  said  moneys  shall  be 
paid  into  and  form  part  of  the  sinking  fund  of  said  board,  and  used 
and  appropriated  to  the  payment  of  said  bonds  when  due,  or  to  the 
purchase  of  the  same,  or  of  any  other  of  the  bonds  heretofore  issued 
by  said  board,  as  the  said  board  may,  from  time  to  time,  think  ex- 
pedient. 

This  act  shall  take  immediate  effect. 


CHAPTER     XXII. 


BOARD    OF    METROPOLITAN    POLICE. 


An  Act  to  establish  a  police  government  for  the  city  of  Detroit.     (Ap- 
proved April  17,  1871.) 

(§  541.)     SECTION   1.      The  People  of  the    State  of  Michigan  enact,  Poll(.e  Com. 

mission; 

1  hat  all  powers  and  duties  connected  with  and  incident  to  the  police  powers  and 

r  duties. 

government  and  discipline  of  the  city  of  Detroit  shall  be,  as  herein- 
after more  especially  provided,  vested  in  and  exercised  by  a  board  of 
metropolitan  police,  composed  of  four  commissioners  of  metropolitan 
police,  and  a  superintendent  of  metropolitan  police,  one  or  more  cap 
tains  of  metropolitan  police,  sergeants  of  metropolitan  police,  and 
patrolmen  of  metropolitan  police.  A  majority  of  said  board  shall  Quorum. 
constitute  a  quorum  for  the  transaction  of  business. 

f?  542  )     Sec  2      That  from  and  after  the  first  day  of  July,  one 

v  '  Commissioners 

thousand  eight  hundred  and  ninety-two,  the  board  of  metropolitan  j»  b^PP°™ted 
police  of  the  city  of  Detroit  shall  be  composed  of  four  electors  and 
freeholders  of  said  city,  to  be  appointed  by  the  mayor  of  said  city. 
That  on  or  before  the  said  first  day  of  July,  A.  D.  one  thousand  eight 
hundred  and  ninety-two,  it  shall  be  the  duty  of  the  mayor  of  said  city 
and  he  is  authorized  and  empowered  to  appoint  four  commissioners 
of  police,  who  shall  respectfully  (respectively)  have  the  qualifications  of 
electors  and  freeholders  of  said  city;  one  of  such  commissioners  shall  be 
appointed   to   hold   office    until  the  first  day   of  July,  one  thousand 


2So 


LAWS    RELATING   TO   THE   CITY   OF  DETROIT. 


(.HAITI  R    22. 


no  vi(l>  ni  mi  n<  n  !-i>i. it  an  POLICE. 


Hooks,  papers, 
documents,  etc. 


eight  hundred  and  ninety-three ;  one  of  such  commissioners  shall  he 
appointed  to  hold  office  until  the  first  day  of  July,  one  thousand  eight 
hundred  and  ninety-four;  one  of  such  commissioners  shall  be  ap- 
pointed to  hold  office  until  the  first  day  of  July,  one  thousand  eight 
hundred  and  ninety-five;  and  one  of  such  commissioners  shall  be  ap- 
pointed to  hold  office  until  the  first  day  of  July,  one  thousand  eight 
hundred  and  ninety-six. 

The  existing  board  of  metropolitan  police  shall,  upon  the  ap- 
pointment and  organization  of  the  board  herein  provided  for,  sur- 
render to  said  board  all  property,  books,  papers,  documents,  and  ef- 
fects in  its  custody  or  under  its  control.  And  the  board  herein  pro- 
vided for  shall  succeed  to  all  of  the  rights,  privileges  and  preroga- 
tives lawfully  pertaining  to  the  existing  board  of  metropolitan  police, 
not  in  conflict  with  the  provisions  of  this  act.  (As  amended  by  act 
approved  June  5,  1891.) 

§  543.)  Sec.  3.  The  term  of  office  of  each  commissioner  of  the 
metropolitan  police,  after  the  respective  determinations  of  the  terms 
aforesaid,  shall  be  four  years,  and  the  mayor  of  said  city  shall  ap- 
point from  the  electors  and  freeholders  of  said  city  of  Detroit,  a  suc- 
cessor to  the  person  whose  term  shall  expire  as  such  commissioner. 
(As  amended  by  act  approved  June  5,  1891,) 

Any  vacancy  occurring  during  the  term  of  any  commissioner 
shall  be  filled  for  the  unexpired  portion  of  such  term  by  appointment 
of  tha  mayor  of  said  city  of  Detroit,  and  the  commissioner  so  ap- 
pointed shall  hold  office  for  such  unexpired  portion  of  the  term.  (As 
amended  by  act  approved  June  5,  1891.) 
Members  to  (§  544.)     Sec.  4.     The  persons  severally  appointed  commissioners 

rile  oath  with  .  ,.     ,  .  ,     n    ,     r 

Secretary  of        of  metropolitan  police  by  virtue  of  this  act  shall,  before  exercising 

State. 

the  duties  thereof,  duly  take  and  file  in  the  office  of  the  secretary  of 
state,  the    oath  of  office  prescribed   for   state  officers.     Immediately 


Term  of  office. 


Vacancy, 
how  tilled. 


LAWS   RELATING   TO   THE   CITY   OK    DETROIT.  281 

HOARD  OF  METROPOLITAN  POLICE.  CHAPTER  2i 


upon  receiving  said  oath  of  office,  the  secretary  of  state  shall  give  to  JfJ^^f  r" 
each  commissioner  a  certificate  of  his  appointment,  whereupon  he  appo" 
shall  possess  the  power,  and  exercise  the  duties,  of  commissioner  of 
metropolitan  police  prescribed  by  this  act. 

(§  545.)      Sec.  5.     The  said  board  of   metropolitan  police  shall  Power  of 

Board  to  ap- 

have  uower  to  appoint  a  superintendent  of  the  police  force,  a  deputy  point  Superin- 

1  *l  tendentof 

superintendent,  a  captain  of  police,  one  or  move  officers  to  be  called  Police,  etc. 
and  act  as  detectives,  one  captain  in  addition  to  each  thirty  policemen 
(patrolmen)  called  into  service  more  than  the  first  thirty,  four  ser- 
geants of  police  to  each  fifty  patrolmen,  an  attorney,  surgeon,  one  or 
more  roundsmen,  doorman,  janitors,  and  fifty  or  more  patrolmen,  who 
shall  receive  compensation,  and  as  many  pratrolmen,  with  or 
without  compensation,  in  time  of  special  emergency,  or  appre- 
hended danger  from  riot,  or  other  cause  of  alarm,  as  they  shall  deem 
expedient.     Said  board  shall  also  have  power,  for  cause  assigned,  on 

r  Power  to 

a  public  hearing,  and  on  due  notice  according  to  the  rules  to  be  pro-  ^1]°^ an/etc- 

mulgated  by  them,  to  remove  or  suspend  from  office,  or  for  a  definite 

time  to  deprive  of  pay  any  member  of  such  police  force  (except  that 

the  superintendent,  deputy  superintendent,  detectives,  the  attorney, 

the  surgeon  and  secretary  and  property  clerk  may  be  dismissed  at  any 

time  by  said  board);  and  make  rules  and  regulations  for  the  disciptine  Jo  make  rules 

■J  '  etc.,  to  j£o\  ei  n 

and  government  of  said  force,  and   shall  cause  the  same  to  be   pub-  po  ,ce- 
lished,  and  to  make  and  promulgate  general  and  special   orders  to 
said  force,  through  the  superintendent  of  police,  who  shall  be  the  ex- 
ecutive head  of  the  force.     (As  amended  by  act  approved  June  17, 
L887.) 

(S  546.)     Sec.  6.     The  said  board  shall  appoint  one  of  their  own 

vo  '  Board  to  eiect 

number  to  act  as  president,  who  shall  be  ex  officio  member  of  the  board  a  President 

1  •*  and  Secretarj . 

of  health,  and  some  person  not  a  member  of  the  board  to  act  as  secre- 
tary and  property  clerk,  who  shall  give  bonds  to  said  board  in  an 
amount  .v.nd  with  sureties  to  be  approved  by  said  board,  conditioned 


jSj 


Ch  wri  k    21. 


LAWS    KKI.ATINC.    TO    T1IK    CITY    OK    DKTKOIT. 


BO  \I<1>  i>l     METROPOL1  I  \\    PI  I]  u   l 


Si ,  i  etarj  to 
give  bonds. 


Board  to  de- 
termine com 
pensation  of 
Secretan  • 


Board  to  have 
entire  control 
of  police,  etc. 


Duties  of 
board :  to  pre- 
serve peace, 
etc. 


To  enforce  the 
sealing  of 
weights,  etc. 


for  the  safe  keeping  by  him,  and  his  rendition  upon  the  order  of  the 
board,  of  all  money  and  other  property  which  shall  come  into  his 
hands  by  virtue  of  his  office,  and  he  shall  receive  such  compensation 
annually  as  may  be  determined  by  said  board,  and  hold  his  office  at 
the  pleasure  of  said  board. 

(§  547.)  Sec.  7.  Said  board  shall  assume  and  exercise  the  entire 
control  of  the  police  force  of  said  city,  and  shall  possess  full  power 
and  authority  over  the  police  organization,  government,  appointments 
and  discipline  within  said  city.  It  shall  have  the  custody  and  control 
of  all  public  property,  books,  records  and  equipments  belonging  to 
the  police  department,  and  shall  have  power  to  erect  and  maintain  all 
such  Hues  of  telegraph  in  such  places  within  the  said  city  as  for  pur- 
poses of  police  the  board  shall  deem  necessary,  whenever  the  common 
council  shall  authorize  the  establishment  of  such  telegraph  line  or 
lines,  and  provide  for  the  cost  thereof. 

)§  548.)  Sec.  8.  It  shall  be  the  duty  of  the  board  of  police,  and 
of  the  force  hereby  constituted,  at  all  times  of  the  day  and  night, 
within  the  boundaries  of  said  city  of  Detroit,  to  preserve  the  public 
peace,  to  prevent  crime,  and  arrest  offenders,  to  protect  rights  of  per- 
son and  property,  to  guard  the  public  health,  to  preserve  order,  to  en- 
force all  laws  of  the  state,  and  all  ordinances  of  the  said  city,  relative 
to  inspecting  and  sealing  weights  and  measures;  to  designate,  at  any 
time  of  the  year,  and  as  often  as  they  shall  deem  necessary,  a  mem- 
ber of  the  force  to  perform  the  duties  of  sealer  of  weights  and  meas- 
ures in  said  city;  and  the  person  so  designated  shall  have  the  exclu- 
sive power  to  perform  said  duties  in  said  city.,  and  shall,  during  the 
time  he  is  directed  by  said  board  to  perform  said  duties,  try,  prove 
and  seal  all  scales,  beams,  weights  and  measures  used  in  said  city,  for 
the  purpose  of  buying  and  selling,  without  giving  any  notice,  as  is 
now  required  by  law:  Provided,  The  person  so  designated  shall 
neither  receive  nor  charge  compensation  nor  fee  for  performing  said 


LAWS   RELATING   TO   THE    CITY    OK    DETROIT.  283 

HOARD  OK  METROPOLITAN  POLICE.  ClIAPTEK    22 


duties;  to  collect  all  license  moneys  under  the  laws  of  the  state,  the  Collection  of 

license  moneys. 

charter  and  ordinances  of  said  city,  and  to  account  for  and  pay 
the  same  to  the  person  authorized  by  law  to  receive  them;  to  desig- 
nate, from  time  to  time,  a  member  of  the  force  to  collect  said  license 
money,  and  the  person  so  designated  shall  have  exclusive  power  to 
collect  said  moneys  in  said  city;  to  designate  at  any  time  of  the  year, 
and  so  often  as  they  shall  deem  necessary,  a  member  of  the  force  to 
perform  the  duties  of  harbor  master,  and  the  person  so  designated  Harbor  Master 
shall  have  the  exclusive  power  to  perform  said  duties  in  said  city 
under  the  ordinances  which  may,  from  time  to  time,  be  prescribed  by 
the  common  council:  Provided,  however,  That  this  section  shall  not  prov;so 
be  construed  to  affect  any  person  heretofore  appointed  by  said  com- 
mon council,  on  the  nomination  of  the  mayor,  to  the  office  of  harbor 
master  of  the  port  of  Detroit,  or  to  remove  him  therefrom,  prior  to  the 
expiration  of  the  period  for  which  he  was  so  appointed;  to  appoint 
from  time  to  time,  as  they  may  deem  fit,  one  or  more  city  scavengers,  City  Scavengers 
who  shall  have  the  exclusive  power  to  perform  the  duties  of  such 
officers  in  said  city,  and  shall  be  liable  to  such  penalties  as  are  or  may 
be  prescribed  by  the  ordinances,  and  shall  be  entitled  to  receive  such 
compensation  and  fees  as  the  said  board  may  by  general  order  direct; 

Expenses  of 

to  audit  and  allow  all  bills  for  traveling  expenses  incurred  in  the  pur-  the  pursuit  of 

criminals. 

suit  of  criminals,  by  members  of  the  force,  or  any  other  officer  or 
person,  and  to  present  the  same  to  the  board  of  county  auditors  of 
Wayne  county  for  payment,  in  all  cases  where  criminals  are  charged 
with  offenses  in  said  cit}  ;  and  the  said  board  of  auditors  shall  in  no 
way  allow,  or  cause  to  be  paid  by  said  county,  any  bill  or  account  for 
the  pursuit  or  apprehension  of  criminals  charged  with  or  suspected 
of  the  commission  of  crime  in  said  city,  unless  the  said  bill  or  ac- 
count is  presented  by  said  board  of  police,  and  indorsed  as  allowed  by 
the  president  and  secretary  thereof:  to  remove  nuisances  existing  in  Nuisances,  etc. 
public  streets,  roads,  places,  highways,  yards  and  outhouses;  to  le- 
port  all  leaks  and  defects  in  water  pipes  and  sewers  to  the  proper  au- 


284 


CAWS    RELATING   To   THK   CITY   OF    DETROIT. 


til  Ml  I   K    32 


BO  Mil'  OF    M  I    I  ROl 1   w   POJ  [(   E. 


Fires.  thorities;  to  provide  a  proper  force  at  every  public  fire,  iu  order  that. 

thereby  the  firemen  may  be  protected  in  the  performance  of  their 

Travelers,  etc,  duties,  and   property  preserved   for  the  owners  thereof;   to  protect 

to  be  pro- 

tected  by.  strangers  and  travelers  at  steamboat  and  ship  landings,  and  railway 

stations,  and  generally  to  carry  out  and  enforce  all  ordinances  of  the 
city  and  laws  of  the  state.  Whenever  any  crime  shall  be  committed 
in  said  city,  and  the  person  or  persons  accused,  or  suspected  of  being- 
guilty,  shall  flee  from  justice,  the  said  board  of  police  may,  at  their 
discretion,  authorize  any  person  or  persons  to  pursue  and  arrest  such 
accused  or  suspected  person  or  persons,  and  return  them  to  the  proper 
court,  having  jurisdiction  of  the  offense,  for  trial. 


Fugitives 
1 1 1  .in  justice. 


Qualifications 
of  officers. 


(§  549.)  Sec.  9.  The  qualification,  enumeration,  and  distribu- 
tion of  duties,  and  mode  of  trial,  and  removal  from  office  of  each  offi- 
cer and  member  of  said  police  force,  shall  be  particularly  defined 
and  described  by  rules  and  regulations  of  the  board  of  police,  and  no 
person  shall  be  appointed  to  or  hold  office  in  the  police  force  who  is  not 
a  citizen  of  the  city  of  Detroit,  shall  not  have  resided  in  the  state  of 
Michigan  two  years  next  preceding  his  appointment,  who  cannot  read 
and  writo  the  English  language,  and  who  has  ever  been  convicted  of 
Removals  and    any  crime:     And  provided,  That  no  person  (except  the  superintend- 

suspensions. 

ent,  detectives,  the  attorney,  the  surgeon,  secretary  and  property 
clerk)  shall  be  removed  from  said  force,  except  upon  written  charges 
preferred  against  him  to  the  board  of  police,  and  after  opportunity 
of  being  heard  in  his  defense;  but  the  board  of  police  may  suspend 
any  member  of  the  force,  pending  the  hearing  of  charges  against 
him;  and  the  board  of  police  may  also  at  any  time,  in  their  discre- 
tion, and  without  charges,  or  trial,  reduce  any  officer  from  his  rank, 
and  grade,  and  pay,  to  a  lower  rank  and  pay,  and  either  permanently 
Promotions.  0r  temporarily  promote  any  officer  to  his  position,  without  regard  to 
the  relative  rank  or  grade  of  such  other  officer;  And  provided,.. 
Whenever  any  vacancy  occurs  in  the  office  of  captain  of  police,  the- 


EAWS   RELATING   TO   THE    CITY   OF    DETROIT.  285 


HOARD  OF  METROPOLITAN'  POLICE.  CHAPTER  22 


same  shall  be  filled  from  among  the  persons  then  in  office  as  ser- 
geants, roundsmen  or  patrolmen.  The  police  commissioners  shall  re- 
ceive no  compensation  whatever  for  their  services  during  their  term  Compensation. 
of  office.  All  salaries  and  compensation  to  the  officers,  appointees 
and  employes  of  the  department  shall  be  prescribed  and  determined 
by  the  board  of  police  commissioners,  and  shall  be  paid  monthly  to 
the  persons  entitled  thereto.  No  member  of  the  board  of  police,  or 
of  the  police  force,  shall  receive  or  share  in,  under  any  pretenses 
whatever,  any  present,  fee,  gift  or  emolument  for   police  service,  To  make  no 

presents 

other  than  the  regular  salary  and  pay  provided  by  this  section,  except  without  consent 

of  Board. 

by  the  unanimous  consent  of  said  board;  and  it  shall  be  the  duty  of 
•every  member  of  said  board,  or  the  police  force,  to  return  to  the 
property  clerk  (to  be  disposed  of  as  hereinafter  prescribed)  every 
present,  fee,  gift  or  emolument  received  by  him,  with  the  consent  of 
the  board,  except  said  board  permits  him  to  retain  the  same  for  his 
own  use;  and  all  moneys,  and  proceeds  of  all  property  received  from 
this  source,  shall  be  disposed  of  by  said  board  as  if  the  same  had 
been  paid  or  given  for  extraordinary  services,  as  prescribed  in  the 
eleventh  section  of  this  act.  Nor  shall  any  member  of  said  force  re- 
ceive or  share  in  any  fee,  gift  or  reward  from  any  person  who  may 
become  bail  for  the  appearance  of  any  arrested,  accused  or  convicted 
person,  or  who  may  become  surety  for  any  such  person  on  appeal 
from  the  judgment  or  decision  of  any  court  or  magistrate,  or  any  fee, 
gift  or  reward  in  any  case,  from  any  attorney  at  law  who  may  prose- 
cute or  defend  any  person  arrested  or  prosecuted  for  any  offense 
within  the  county  of  Wayne;  nor  shall  any  member,  either  directly  or 

indirectly,  interest  himself  or  interfere,  in  any  manner  whatever,  in  Not  to  be 

interested  in 
the  employment  or  retainer  of  any  attorney,  to  aid  in  the  defense  of  bail  or  attorney. 

persons  arrested  or  accused;  and  for  any  violation  of  either  of  the  Pen:iltv 

foregoing  provisions,  the  member  so  offending  shall  be   immediately 

removed  from  office.     (As  amended  March  14,  1882.) 


286 


I.WVS    RELATING    TO    THK    CITY    OF    DKTROIT. 


I'll  Mil  R  •.'.'. 


Complaints 

against 
policemen. 


BOARD  OP   METROPOLITAN  POLICE. 


Trial  of 
accusad 
officer. 


(4?  550.)  Sec.  10.  Any  citizen  of  Detroit,  or  officer  of  the  police 
force,  with  a  view  to  the  trial  and  suspension  or  removal  from  office 
of  any  officer  or  patrolman  of  the  police  force,  may,  or  oath,  in  writ- 
ing, prefer  or  make  before  the  board  charges  or  complaint  touching 
the  character  and  competency,  or  affecting  the  acts,  conduct  or  omis- 
sion of  such  officer  or  policeman,  or  for  violation  of,  or  misconduct, 
as  defined  or  prescribed  by  the  rules  and  regulations  of  the  board; 
and  said  board,  after  reasonable  notice,  in  the  discretion  of  the  board, 
to  the  person  charged,  shall  proceed  to  the  trial  of  said  officer  or 
policeman,  on  such  charges  or  complaint,  and  shall  have  power  to, 
and  shall  issue  subpcrnas,  tested  in  the  name  of  the  president  of  the 
board,  to  compel  the  attendance  of  witnesses,  to  administer  oaths  and 
affirmations,  and  generally  shall,  for  the  purpose  of  such  trial,  have 
and  exercise  the  powers  and  duties  of  justices  of  the  peace  in  civil 
cases,  so  far  as  the  same  are  applicable,  and  may  make  an  order  of 
removal  or  suspension  for  some  certain  period.  If,  on  such  trial,  said 
charges  or  complaint  shall  be  sustained,  such  officer  or  policeman 
shall  pay  the  cost  of  such  proceeding?,  and  the  same  may  be  deducted 
and  withheld  from  his  pay,  and  in  case  of  his  suspension,  his  pay 
shall  also  cease  from  the  date  of  the  charge,  and  during  the  suspen- 
sion. In  trials  under  this  section  the  same  costs  shall  be  charged  and 
taxed  as  in  trials  before  justices,  and  be  collected  on  execution,  as  the 
case  may  be,  from  the  court,  or  on  execution  to  be  issued  by  any  jus- 
tice of  the  peace,  on  certificate  of  the  same  by  the  board,  and  order 
for  execution,  said  costs,  when  collected,  to  be  paid  to  the  treasurer 
of  the  board,  for  the  benefit  of  those  concerned;  but  the  said  board 
shall  not  tax  or  receive  any  fees  for  themselves  or  for  any  member 
thereof. 


Rewards  tce<  '§  551)     Sec,  11.     All  rewards,  fees,  proceeds  of  gifts  and  emolu- 

etc.,  to  be  paid 

into  the  City       ments,  that  maybe  allowed  by  the  board  of  police  to  be  paid  and 

Treasury. 

given  for  or  on  account  of  extraordinary  services  of  any  member  of 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT.  287 


BOARD  OF  METROPOLITAN  POLICE.  CHAPTER  22 


the  police  force,  and  all  moneys  arising  from  the  sale  of  unclaimed 
^oods,  shall  be  paid  into  the  city  treasury,  and  shall  constitute  a  fund 

"Police  Life 

to  be  called  the  ''police  life  and  health  insurance   fund,"  and  the  and  Health 

Insurance 

person  who  shall,  from  time  to  time,  fill  the  office  of  president  of  the  Fund." 
board  of  police,  and  that  of  the  controller  of  the  city  of  Detroit,  are 
hereby  declared  the  trustees  of  taid  fund,  and  may  invest  the  same  as 
they  shall  see  fit,  either  in  whole  or  in  part,  and  shall  have  power  to 
draw  the  same  from  the  treasury  for  that  purpose. 

(S  552  )    Sec   12.     Whenever  any  member  of  the  police  force,  in 

w  ■'  J  Disabled 

actual  performance  of  his  duty,  and  in  consequence  of  the  perform-  policemen. 
ance  of  such  duty,  shall  become  bodily  disabled,  his  necessary  ex- 
penses, during  the  time  his  disabilities  as  aforesaid  continue,  and  con- 
sequent thereon,  may  become  a  charge  upon  the  fund  provided  for 
in  the  preceding  section,  at  the  discretion  of  the  said  board  of  police- 
The  board  shall  inquire  into  the  circumstances,  and  if  satisfied  the 
charge  upon  said  fund  is  correct,  may  order  the  same  to  be  paid  by 
the  draft  of  said  trustees  upon  the  said  fund,  each  writing  his  signa- 
ture thereto;  but  the  provisions  of  this  section  shall  not  apply  to 
special  patrolmen  appointed,  as  hereinafter  provided,  at  the  request 
and  expense  of  private  parties. 

re  553.)     Sec.  13.     The  siiDerintendent,  deputy  superintendent,  or 

vo  '  ^  Superintendent, 

any  member  of  said  police  force,  having  just  cause  to  suspect  that  powt,sof' ctL 
any  felony  is  being,  or  about  to  be  committed,  within  any  building, 
public  or  private,  or  on  any  wharf  or  enclosure,  or  on  board  of  any 
ship,  boat  or  vessel,  within  said  city  of  Detroit,  may  enter  the  same 
at  all  hours  of  the  day  or  night,  to  take  all  necessary  measures  for  the 
effectual  prevention  of  all  felonies,  and  may  take  then  and  there  into 
custody  all  persons  suspected  of  being  concerned  in  such  felonies, 
and  also  may  take  charge  of  all  property  which  he  or  they  shall  have 
then  and  there  just  cause  to  suspect  have  been  stolen. 


288 


CAWS    RELATING    To   Tin:   CITY   OF    DETROIT, 


Ch  mtiu  •-'?. 


Membei 
police  force  to 
Serve  subpoenas 

•etc. 


IJO  \K  II    III      M  l<   1  Klll'lll    I  I    \  \     TIM    II    h  , 


The  members  of  said  police  force  shall  also  serve  and  execute  all 
process  and  subpoenas  issued  In  the  recorder's  court  and  the  police 
court  of  said  city:  Provided,  That  it  shall  be  the  duty  of  said  board 
of  metropolitan  police  to  cause  to  be  brought  before  one  of  the  police 
justices  of  the  city  of  Detroit  every  person  arrested  by  any  member 
of  said  police  force  on  suspicion  of  felony,  or  for  any  other  cause, 
within  thirty-six  hours  after  such  arrest,  and  said  justice  on  hearing 
the  grounds  of  such  charge  may,  by  written  order,  remand  such  per- 
son to  the  custody  of  said  police  force. 

No  person  shall  be  held  in  the  custody  of  said  police  force  on 
such  arrest  for  a  longer  period  than  six  days.  (As  amended  by  act 
approved  June  5,  1891.) 


Houses  of 
prostitution. 


(§  554.)  Sec.  14.  If  any  member  of  the  force,  or  if  any  two  or 
more  householders,  shall  report  in  writing,  under  his  or  their  signa- 
tures, to  the  superintendent  of  the  force,  that  there  are  good  grounds 
(which  shall  be  stated  in  said  report)  for  believing  any  houses,  room 
or  premises  within  the  said  city,  to  be  kept  or  used  as  a  bawdy  house, 
house  or  place  for  the  resort  of  prostitutes,  common  gaming  house, 
common  gaming  room,  or  common  gaming  premises,  for  therein  play- 
ing for  wagers  of  money  at  any  game  of  chance,  or  the  deposit  or  sale 
of  lottery  ttckets  or  lottery  policies,  or  as  a  cock-pit,  or  for  harboring 
criminals,  or  for  concealing  stolen  property,  or  for  carrying  on  any 
trade,  occupation,  calling,  practice  or  act  prohibited  by  law,  it  shall 
be  lawful  for  the  said  superintendent  to  authorize,  in  writing,  any 
member  or  members  of  the  force  to  enter  the  same,  who  may  forth- 
with arrest  all  persons  there  found,  and  seize  all  implements  of  gam- 
ing, or  lottery  tickets,  or  lottery  policies,  and  convey  any  person  so 
arrested  before  a  magistrate,  and  bring  the  articles  so  seized  to  the 
property  clerk.  It  shall  be  the  duty  of  such  superintendent  to  cause 
such  arrested  person  to  be  prosecuted  vigorously,  and  such  articles 


LAWS    RELATING   TO   THE   CITY   OF   DETROIT. 


HOARD  OF  METROPOLITAN  POLICE.  CHAPTER  22 


seized  to  be  destroyed,  as  the  orders,  rules  and   regulations  of  the  implements 

J        '  °  to  be  destroyed. 

board  of  police  shall  direct. 

(§  555.)     Sec.  15.     It  is  hereby  made  the  duty  of  the  board  of  Division  of 

city  into 

police,  for  more  effectually  distributing  and  enforcing  its  police  gov-  precincts, 
eminent  and  discipline,  to  divide  the  said  city  of  Detroit  into  pre- 
cincts, without  regard  to  ward  boundaries,  and  to  assign  captains  of 
police,  and  sergeants  of  police,  to  each  of  the  said  precincts,  as  they 
shall  deem  for  the  best  interests  of  said  city.  The  board  may,  from 
time  to  time,  establish  a  station  or  sub-station  in  each  precinct  or  di- 
vision, for  the  accommodation  of  the  police  force  on  duty  therein.  It 
shall  promulgate  all  regulations  and  orders  through  the  superintend-  promulgation 

of  regulations 

ent  of  police;  and  it  shall  be  the  duty  of  the  police  force  to  respect 
and  obey  the  said  superintendent  as  the  head  and  chief  of  the  same, 
subject  to  the  rules  and  regulations  and  general  orders  of  the  board. 

$  556.)     Sec.  16.     The  board  of  police  is  hereby  authorized  to  Special 

'  policeman. 

appoint  persons  of  suitable  character,  who  may  be  in  the  employment 
of  the  city  in  other  branches  of  departments,  special  policemen  or 
patrolmen:  Provided,  Such  special  policemen  shall  not  be  paid  for 
their  services  as  policemen,  either  from  the  police  fund  or  city  or 
county  treasurer.  Such  policemen  shall  possess  the  same  power  as 
the  regular  police  patrolmen,  and  shall  obey  the  rules  and  regulations 
of  the  board,  and  conform  to  its  general  discipline. 

(8  557.)     Sec.  17.     The  board  of  police,  whenever  it  shall  seem  Special 

x°  *  policemen. 

to  them  discreet,  may,  on  the  application  of  any  person  or  persons, 
showing  the  necessities  thereof,  appoint  and  swear  in  any  number  of 
additional  patrolmen  to  do  duty  at  any  place  within  said  city,  at  the 
charge  and  expense  of  the  person  or  persons  by  whom  the  applica- 
tion shall  be  made;  and  the  patrolmen  so  appointed  shall  perform 
duty  only  at  the  place  designated  by  said  board;  shall  continue  in 
office  at  the  pleasure  of  said  board,  for  a  term  not  exceeding  one  year; 


290  I.WVS    RELATING   TO   THE   CITY    OF   DETROIT. 

CHAPTl  B  '-'-'  BOARD  OF  \i  1   1  ROPO]  I  1  an  POLICE, 


Proviso 


sliall  be  subject  to  and  obey  the  order?,  rules  and  regulations  of  said 
board,  and  conform  to  the  general  discipline  of  the  force,  and  to  such 
special  regulations  as  may  be  made  by  such  board  for  their  govern- 
ment. They  shall  wear  such  dress  and  emblem  as  said  board  may 
prescribe,  and  shall  possess,  as  conservators  of  the  peace,  all  the 
powers  and  privileges,  and  perform  all  the  duties  of  the  force  herein 
prescribed:  Provided,  That  no  patrolman  shall  be  appointed  under 
this  section  until  he  shall  have  paid  into  the  trust  fund,  hereinbefore 
provided,  the  sum  of  five  dollars.  The  person  so  appointed  may  be 
removed  at  any  time  by  the  board  of  police  without  cause  assigned 
for  the  removal .  The  board  of  police  may  also,  upon  any  emergency, 
or  mob,  pestilence,  invasion,  or  during  any  day  or  public  election  or 
celebration,  appoint  as  manv  special  patrolmen  from  among  citizens 
of  Detroit  as  it  may  deem  advisable,  and  for  a  specified  time;  and 
during  the  term  of  service  of  such  special  patrolmen  they  shall  pos- 
sess all  the  powers  and  privileges  and  perform  all  the  duties  of  patrol- 
men of  the  force  herein  created,  and  shall  receive  such  compensation, 
not  exceeding  three  dollars  per  day,  as  said  board  may  prescribe: 
Provided,  always,  That  nothing  herein  contained  shall  give  said  board 
power  to  do  anything  in  conflict  with  the  powers  of  inspectors  of  elec- 
Proviso.  tion  in  said  city;     Provided,  further,  That  policemen  statioued  at  the 

polls  on  election  days  shall  perform  all  the  duties  of,  and  be  subject 
to  all  provisions  of  law  relating  to  the  attendance  of  constables  at 
polls  on  election  days;  and  no  constable  in  said  city  shall  receive  any 
compensation  for  attendance  upon  the  polls. 


Resignations. 


(§  558.)  Sec.  18.  No  member  of  the  police  force,  under  penalty 
of  forfeiting  the  pay  which  may  be  due  to  him,  shall  withdraw  or  re- 
sign from  the  police  force,  unless  he  shall  have  given  one  week's 
notice  thereof,  in  writing,  to  the  superintendent  of  police;  and  no 
person  who  shall  ever  have  been  removed  from  the  police  force  es- 


LAWS   RELATING   TO   THE    CITY    OF   DETROIT.  29I 


BOARD  OF  METROPOLITAN  POLICE.  CHAPTER    22 


tablished  by  this  act,  for  cause,  shall  be  reappointed  by  the  board  of 
police  to  any  office  in  the.  said  police  force. 

(8  559  )    Sec   19.     All  stolen,  or  other  property  seized  officially  Deposit  of 

Vi?  '  stolen  property. 

by  the  members  of  the  police  force,  shall  be  deposited  with  the  prop- 
erty clerk,  and  kept  in  a  place  to  be  designated  by  said  board;  and  in 
case  or  neglect  or  refusal  of  any  officer  to  so  deposit  the '  property 
taken,  or  found  in  the  possession  of  any  person  or  persons  arrested, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  be  subject  to  in- 
dictment, on  information,  and  upon  conviction  be  fined  a  sum  not  less 
than  the  value  of  the  property  nor  exceeding  three  thousand  dollars, 
and  be  imprisoned  not  to  exceed  one  year;  and  the  sentence  of  the 
court  shall  vacate  the  office  of  the  person  so  convicted.  All  property  tare  of  same, 
or  money  taken  on  suspicion  of  having  been  feloniously  obtained,  or 
of  being  the  proceeds  of  crime,  and  for  which  there  is  no  other 
claimant  than  the  person  from  whom  it  was  taken,  and  all  lost  prop- 
erty coming  into  the  possession  of  any  member  of  said  police  force, 
and  all  property  and  money  taken  from  pawnbrokers,  as  the  proceeds 
of  crime,  or  by  any  such  member  from  any  insane  or  intoxicated  per- 
son, or  person  otherwise  incapable  of  taking  care  of  himself,  shall  be 
registered  by  the  property  clerk,  in  a  book  kept  for  that  purpose,  to- 
gether with  the  name  of  the  owner,  if  ascertained,  and  the  name  of 
the  place  where  found,  and  of  the  person  from  whom  taken,  with  the 
general  circumstances  and  the  date  of  its  receipt,  and  the  name  of 
the  officer  recording  the  same,  and  shall  be  advertised,  if  the  owner's 
name  is  not  ascertained,  in  such  manner  as  the  rules  and  regulations 
of  the  board  shall  prescribe.  An  inventory  of  the  money  or  other 
property  shall  be  given  to  the  person  from  whom  the  same  is  taken; 
and  in  case  the  same  shall  not,  within  ten  days  after  such  arrest  and 
seizure,  be  claimed  by  any  other  person  or  persons,  it  shall  be  de- 
livered to  the  person  from  whom  it  was  taken,  and  to  no  other  per- 
son, except  by  order  of  the  board.     In  case  said  money  or  other  prop- 


292 


LAWS    RKI.ATING    TO   TIIK    CITY    OF    DKTKOIT. 


Ch  \i'  1 1  k  22. 


BO  \i<n  "i    WETROPOl  I  r  \\  l-m  11  1  . 


Unclaimed 

property. 


Complaint 
books. 


Police 
records. 


erty  shall,  within  said  ten  days,  be  claimed  by  any  other  person  than 
the  one  from  whom  it  shall  be  seized,  it  shall  be  retained  by  the  prop- 
erty clerk  until  after  the  discharge  or  conviction  of  the  person  from 
whom  the  same  was  taken;  and  if  the  claimant  or  claimants  shall 
establish  to  the  satisfaction  of  the  court  before  which  the  person  from 
whom  such  goods  and  money  are  taken,  that  he  or  they  are  the  right- 
ful owners  of  the  same,  the  same  shall  be  restored  to  him  or  them 
upon  the  order  of  said  court;  but  if  the  court  makes  no  order,  said 
property  shall  be  returned  to  the  accused  personally.  All  property 
and  money  that  shall  remain  in  the  custody  of  the  property  clerk  for 
the  period  of  six  months,  without  any  lawful  claimant  thereto,  shall 
be  put  into  the  "police  life  and  health  insurance  fund."  and  the  prop- 
erty shall  be  sold,  after  being  advertised  three  times  in  some  public 
newspaper  in  said  city,  and  the  proceeds  paid  to  said  fund.  The 
board  of  police  shall  cause  to  be  kept  general  complaint  books,  in 
which  shall  be  entered  every  complaint  preferred  upon  personal 
knowledge  of  the  circumstances  thereof,  with  the  name  and  residence 
of  the  complainant.  It  shall  also  cause  to  be  kept  books  for  the  reg- 
istry of  lost,  missing  or  stolen  property,  for  the  general  convenience 
of  the  public  and  of  the  police  force  of  the  city.  It  shall  also  cause 
to  be  kept  books  of  record,  wherein  shall  be  entered  the  name  of 
every  member  of  the  police  force,  his  time  and  place  of  nativity,  the 
time  and  place  where  he  became  a  citizen  (if  he  was  born  out  of  the 
I'nited  States),  his  age;  his  former  occupation,  number  of  his  family 
and  the  residence  thereof,  the  date  of  his  appointment  and  dismissal 
from  office,  with  the  cause  of  the  latter;  and  in  every  such  record 
sufficient  space  shall  be  left  against  all  such  entries  wherein  to  make 
record  of  the  number  of  arrests  made  by  such  members  of  the  police 
force,  or  of  any  special  service  deemed  meritorious  by  the  captaiqs  of 
police.  It  shall  also  cause  to  be  kept,  in  proper  books,  the  accounts 
of  the  board,  and  a  record  of  their  proceedings;  and  they  shall  pre- 


EAWS   RELATING   TO   THE   CITY    OK    DETROIT.  293 

BOARD  OK  METROPOLITAN  POLICE.  CHAPTER    22 


serve  and  file  copies  of  all  bills  audited  and  allowed,  and  keep  an  ac- 
curate account  of  all  expenses  of  the  police  department.  The  board  of 
police  shall  also  cause  to  be  kept  and  bound  all  police  returns  and  re- 
ports. 

(§  560.)     Sec.  20.     It  shall  be  the  duty  of  the  board  of  police  to 

Station   houses. 

provide,  at  the  expense  of  said  city,  all  necessary  accommodations 
within  such  precincts  as  shall  be  contained  within  the  boundaries  of 
said  city,  for  the  station  houses  required  by  the  board  of  police,  for 
the  accommodation  of  the  police  force  of  sucn  precincts,  for  the 
lodging  of  vagrant  and  disorderly  persons,  and  for  the  temporary  de- 
tention of  persons  arrested  for  offenses.     It  shall  also  be  the  duty  of  Care  of 

persons  under 

the  said  board  of  police  to  furnish  the  same  suitably,  and  to  warm  and  arrest, 
light  the  same  by  day  and  night,  and  provide  food  for  any  person  or 
persons  detained  in  any  of  the  said  station  houses,  when  such  food  is 
deemed  necessary  for  such  person  or  persons  by  the  officer  in  charge, 
and  in  every  case  of  arrest  the  same  shall  be  made  known  to  the  cap- 
tain or  sergeant  upon  duty  in  the  precinct  wherein  such  arrest  was 
made,  by  the  person  making  the  same;  and  it  shall  be  the  duty  of 
said  captain  or  sergeant,  as  soon  as  practicable  after  such  notice,  to 

Report  of 

make  written  return  thereof,  according  to  the  rules  and  regulations  of  arrest, 
the  board  of  police,  together  with  the  name  of  the  party  arrested,  the 
offense,  the  place  of  arrest,  and  the  place  of  detention.  All  persons 
arrested  by  the  officers  or  members  of  the  police  force  shall  be  de- 
tained, while  in  their  custody,  only  in  the  places  provided  for  that 
purpose;  and  no  trial  or  examination  of  any  person  arrested  shall  be 
held  in  the  office  of  the  superintendent  of  police,  or  of  the  board. 
Necessary  and  usual  articles  of  clothing  or  personal  apparel  upon  the  Necessary 

„  .     ,  ,     ,    .    .        j        ,      ti  clothing  not 

person,  or  in  the  possession  of  persons  arrested  and  detained,  shall  liable  to 

seizure. 

not  be  taken  or  seized  by  the  police,  unless  there  be  reason  to  suspect 
that  the  clothing  has  been  stolen  or  obtained  unlawfully.  The  board 
of  police  shall   provide  suitable  accommodations  within  said  city  for 


294                                       I.WVS    K1CI.  \T1NG   TO   THE   CITY   OF    DETROIT. 
Chapter  82.  board  of  methoi rAN  police. 


Detention  of      the  detention  of  witnesses  who  are   unable  to   furnish  security  for 
witnesses. 

their  appearance  in  criminal  proceedings,  and  such  accommodations 
shall  be  in  places  other  than  those  employed  for  the  confinement  of 
persons  charged  with  crime,  fraud  or  disorderly  conduct;  and  it  shall 
be  the  duty  of  all  magistrates,  in  committing  witnesses,  to  have  re- 
gard to  the  rules  and  regulations  of  the  board  of  police  in  respect  to 
their  detention.  Every  person  arrested  by  the  police,  charged  with 
the  violation  of  any  city  ordinance,  shall  be  entitled  to  give  special 
Bail.  bail  for  his  appearance  to  answer  to  such  charge;  but  no  member  of 

the  police  force  shall  become  or  furnish  bail  for  any  person  arrested. 

Expenses  of  (§  561.)     Sec.  21.     The  necessary  expenses  incurred  in  the  ex- 

criminal- 

process.  ecution  of  criminal  process,  for  offenses  charged  to  have  been  com- 

mitted in  the  city  of  Detroit,  and  the  maintenance  of  the  police  de- 
partment hereby  created  within  the  city  of  Detroit,  shall  be  a  city 
charge. 

Board  of  (#  562.)     Sec.  22.     It  shall  be  the  duty  of  the  board  of  police  to 

police  to  sub- 
mit estimate.      prepare  and  submit  to  the  controller,  on  or  before  the  first  day  of 

March  in  each  year,  an  estimate  of  the  whole  cost  and  expense  of 
providing  for  and  maintaining  the  police  department  of  said  city  dur- 
ing the  ensuing  fiscal  year,  which  estimate  shall  be  in  detail,  and  shall 
be  laid  by  the  controller  before  the  common  council  with  the  annual 
estimates;  and  the  same  be  by  the  common  council  of  said  city  sub- 
mitted to  the  board  of  estimates  of  said  city;  and  so  much  thereof  as 
shall  be  approved  shall  be  provided  for  in  the  general  tax  assessment, 
by  levy  to  be  laid  on  said  city  and  collected  with  other  city  taxes; 
and  said  money  shall  be  paid  by  the  receiver  and  collector  of  taxes, 
when  collected,  into  the  city  treasury,  and  shall  be  styled  "the  metro- 
politan police  fund,"  and  shall  be  drawn  out  therefrom  for  police 
purposes  of  said  city  under  the  fiscal  regulations  established  by  law 
for  the  government  of  said  city,  and  the  city  treasurer  of  said  city  of 


LAWS   RELATING   TO   THE    CITY   OF    DETROIT.  295 


BOARD  OF  METROPOLITAN  POLICE.  CHAPTER  22 


Detroit  shall  be  the  treasurer  and  custodian  of   the  funds  of    said 
board.     (As  amended  by  act  approved  June  5,  1891.) 

(8  563.)     Sec.  23.     All  moneys  hereafter  to  be  paid  to  any  person 

°  '  Moneys  to  be 

■or  persons  out  of  the  police    fund  shall  be  certified  by  the  president  P*^™1^^ 
or  acting  president  of  the  board  of  police  to  the  secretary,  who  shall 
draw  his  warrant  on  the  treasurer  therefor,  and  the  person  to  whom 
payable,  and  such  warrant  shall  be  countersigned  by  the  president,  or 
in  his  absence  by  the  acting  president  of  the  board  of  police. 

(§  564.)  Sec.  24.  No  expenses  other  than  the  salaries  and  pay  Expenses,  etc 
herein  provided  shall  be  incurred  by  the  board  of  police,  except  for 
rent,  record  books,  stationery,  printing,  telegraphing,  badges,  clubs, 
furniture  of  necessary  rooms  and  stations,  the  preservation,  repair 
and  cleaning  of  the  buildings  and  rooms  used  by  the  board,  adver- 
tising, lights,  fuel,  board  of  prisoners,  witnesses,  and  for  the  arrest, 
conveyance  and  custody  of  prisoners  and  witnesses,  and  preservation 
of  the  discipline  and  good  order  of  the  force,  together  with  all  the 
expenses  which  are  actually  necessary  to  perform  all  the  duties  and 
exercise  all  the  powers  by  this  act  enjoined  upon  them  and  granted 
to  them,  unless  the  same  shall  be  expressly  authorized,  and  provision 
made  therefor  as  a  city  charge  by  the  common  council  of  the  said  city 
of  Detroit,  all  expenses  which  are  actually  necessary  to  perform  all 
the  duties  and  exercise  all  the  powers  by  this  act  enjoined  upon  them 
and  granted  to  them.  The  books  and  accounts  kept  by  said  board 
shall  at  all  times  be  subject  to  the  inspection  of  the  mayor  and  con- 
troller, or  either  of  them,  and  the  common  council  may  at  any  time 
require  information  respecting  the  same,  the  disclosure  of  which  will 
not  impair  the  usefulness  and  efficiency  of  the  force.  (As  amended 
by  act  approved  June  5th,  A.  D.  1891.) 

(§  565.)    Sec.  25.     The  board  of  police  shall  at  all  times  cause 
the  ordinances  of  the  city  to  be  properly  enforced;  and  it  shall  be 

.  ,    ,  ■.  ...  i  •   ^  .^.u    xu      Enforcement 

the  duty   of  said   board,  at  all  times,  whenever  consistent  with  theofcitv 

ordinances. 

rules  and   regulations  of  the  board,  aud  with  the  requirements  of  this 


296  LAWS    RELATING    TO   THE    CITY    OK    DETROIT. 

CHAPTKR   2?.  IIOAHU  OF  METROPOLITAN  POLICE. 


act,  to  furnish  all  information  desired  and  comply  with  all  the  re- 
quests made  by  the  common  council  of  said  city,  or  by  the  mayor 
thereof,  to  quell  riots,  suppress  insurrections,   protect  the  property 

Board  may         and  preserve  1&e  public  tranquility.     The  board  of  police  shall  have 
issue  subpoenas 

the  power  to  issue  subpamas,  attested  in  the  name  of  its  president,  to 

compel  before  it  the  attendance  of  witnesses  before  any  proceeding 

authorized  by  its  rules  and  regulations.    Each  commissioner  of  police, 

the  superintendent  of  police,  and  the  secretary  of  the  board  of  police, 
Administi  ation 

of  oaths.  are  hereby  given  power  to  administer,  take,  receive  and  subscribe  all 

affirmations  and  oaths  to  any  witnesses  summoned  and  appearing  in 
any  matter  or  proceeding  authorized  as  aforesaid,  or  to  any  deposi- 
tions necessary  by  the  rules  and  regulations  of  the  board.  Any  wil- 
ful and  corrupt  false  swearing  by  any  witness  or  person  making  de- 
position before  any  of  the  officers  last  mentioned,  to  any  material  fact 
in  any  necessary  proceedings  under  said  rules  and  regulations,  shall 
be  deemed  perjury,  and  punished  in  the  manner  now  prescribed  by 
law  for  such  offense.  The  provisions  of  law  now  existing  in  respect 
to  attachment  of  witnesses  before  justices  of  the  peace,  and  to  the 

Attendance 

of  witnesses.  compulsory  attendance  of  the  said  witnesses,  to  appear  and  testify 
before  th^m,  are  hereby  applied  to  the  case  of  witnesses  subpomaed 
before  the  board  of  police. 

security  of  (§  566.)    Sec.  26.     The  board  of  police  shall  require  and  make 

certain   officers. 

suitable  provisions  concerning  security  to  be  entered  into  by  the  su- 
perintendent, the  captains  of  police,  the  property  clerk  and  treasurer; 
and  said  board  may,  in  their  discretion,  require  security  from  any 
member  of  the  force,  conditioned  for  the  performance  of  any  duty 
involving  the  care  and  disposition  of  property.  Said  board  shall  re- 
Oaths  of  quire  each  member  of  the  force  to  take  an  oath  of  office,  and  the  reg- 
istry of  the  certificate  thereof  in  a  book  to  be  kept  for  the  purpose, 
which  oath  may  be  taken  before  any  of  the  commissioners  who  is. 
reby  empowered  to  administer  the  same. 


LAWS   RELATING   TO   THE    CITY   OE   DETROIT.  29 


BOARD  OF  METROPOLITAN  POLICE.  CHAPTER  2i 


(§  567.)     Sec.  27.     The  superintendent  of  police  shall  make  to  f0ul1'1ear^"te"^nt 
the  board  quarterly  reports,  in  writing,  of  the  state  of    the  police 
force,  with  such  statistics  and  suggestions  as  he  may  deem  advisable 
for  the  enforcement  of  the  police  government  and  discipline.    1  he  |f°;^dotoc<^;inon, 
board  of  police  shall,  on  or  before  the  first  Monday  in  April  in  each  counci 
year,  report  in  writing  the  condition  of  the  police  within  the  said  city 
to  the  common  council. 

(§  568.)     Sec.  28.     No  person  holding  office  under  this  act  shall  Poiice 

exemptions 

be  liable  to  jury  duty,  or  to  arrest  on  civil  process  while  actually  on 
duty. 

(§  569.)     Sec  29.     It  shall  be  a  misdemeanor  punishable  by  im-  pers0nal  vio- 
lence on  elector 
prisonment  in  the  county  jail  not  more  than  two  years,  for  any  per-  at  election 

son,  without  justifiable  or  excusable  cause,  to  use  personal  violence 
upon  any  elector  in  said  city  of  Detroit,  while  attending  the  polls  on 
any  election  day,  or  upon  any  member  of  the  police  force  thereof 
when  in  the  discharge  of  his  duty;  or  for  anj  person,  not  a  member 
of  the  police  force,  to  falsely  represent  himself  as  being  such  mem- 
ber, with  a  fraudulent  design. 

(§  570.)     Sec.  30.     Either  of   said  commissioners  of  police  may  Removal  o{ 

„  Commissioners 

at  any  time  be  removed  by  the  governor,  under  the  provisions  ot  of  p0nce. 
statutes  relating  to  the  removal  from  office  of  sheriffs,  which  provi- 
sions are  hereby  extended  so  as  to  relate  to  each  one  of  the  said  com- 
missioners; and  in  all  cases  where  charges  are  made  out  against  a 
commissioner  he  shall  have  an  opportunity  to  present  evidence  in  his 
behalf. 

(§  571.)    Sec  81.     Any  one  of  the  said  commissioners,  or  any  idem. 
member  of  the  police  force,  who  shall,  during  his  term  of  office,  ac- 
cept or  hold  any  office  elective  by  the   people,  or  who  shall,  during 
his  term  of  office,  be  publicly  nominated  for  any  office  elective  by  the 
people,  and  shall  not.  within  ten  days  succeeding  the  same,  publicly 


298  LAWS    RELATING    T<>   THE   CITY   OF  DETROIT. 

Chapter  82.  board  01  mi  i  ropoi  i  r an  poi.h  -v.. 


decline  the  said  aominatioD,  shall  be,  in  either  case,  deemed  thereby 
t<>  have  resigned  his  commission,  and  to  have  vacated  his  office. 

Common  (£  572.)     Sec.  32.     The  common  council  of    Detroit  are  hereby 

Council  to 

raise  by  tax        empowered  and  directed  annually  to  order  and  cause  to  be  collected 

tun ii-  fur  sup  J 

§epartment?  !lm'  r;U8tJd  by  tax  upon  the  estates,  real  and  personal,  subject  to  taxa- 
tion according  to  law,  within  the  said  city  of  Detroit,  the  sums  of 
money  as  aforesaid  annually  estimated  for  the  said  to»al  expense  of 
the  metropolitan  police,  authorized  by  this  act. 

(§  573.)     Sec.  33.     The  deputy  superintendent  shall  be  subject  to 

Power  and 

duty  of  deputy   tne  controi  amj  direction  of  the  superintendent,  and  shall  have  charge 

superintendent.  r  '  ° 

of  such  details  as  the  board,  by  resolutions  or  rules  and  regulations, 
may  prescribe.  In  the  absence  of  the  superintendent,  the  deputy  su- 
perintendent shall  have  and  exercise  all  the  powers  conferred  by  this 
act  on  the  superintendent,  and  shall  be  subject  to  removal  in  the  same 
manner  as  the  superintendent.  (As  amended  by  act  approved  June 
17,  1887.) 

Policemen  for-  (§  574.)    Sec.  34.     No  policeman  or  officer  of  police  shall,  while 

bidden  to  enter 

saloons,  etc.  on  duty,  be  at  liberty  to  enter  any  drinking  or  gaming  sa'oon,  or  other 
place  where  liquors  are  sold  to  be  drunk  on  the  premises,  or  house  of 
prostitution,  except  for  the  purpose  of  discharging  some  of  the  duties 
of  his  office. 


Police  to  serve 


(§  575.)     Sec.  35.     The  members  of  the  metropolitan  police  force 
all  criminal        shall  have  the  exclusive  power,  and  it  shall  be  their  duty,  to  serve  all 

process  and  r  1  J  > 

Courts,  etc.  process  within  the  city  of  Detroit,  issuing  from  the  recorder's  court, 
police  court,  and  from  justices  of  the  peace  in  criminal  cases,  within 
said  city,  whether  directed  to  constables,  the  sheriff  or  otherwise,  and 
shall  be  detailed  by  the  proper  officers  to  attend,  instead  of  deputy 
sheriffs  or  constables,  all  courts  of  criminal  jurisdiction  of  s-aid  city; 
all  the  duties  now  performed  by  deputy  sheriffs  in  serving  writs,  ex- 
ecuting orders  of  said  court,  attending  said  court,  conveying  prison- 


LAWS   RELATING   To   THE   CITY   OF   DETROIT.  299 


BOARD  OF  METROPOLITAN  POLICE.  CHAPTER   22 


ers  to  and  from  the  county  jail  for  arraignment  or  trial  before  said 
court,  and  in  conveying  prisoners  to  the  Detroit  house  of  coriection, 
the  reform  school,  county  jail,  state  prison  or  other  place  of  punish- 
ment or  imprisonment,  under  the  judgment,  sentence,  order  or  pro- 
cess of  said  court;  shall  be  performed  by  the  members  of  said  police 
force;  and  in  no  case  shall  deputy  sheriffs,  or  any  constable  of  said 
city,  receive  or  be  paid,  by  the  county  or  state,  any  fee  or  compensa- 
tion for  services  directed  in  this  section,  or  in  any  part  of  this  act,  to 
be  performed  by  the  members  of  said  force.  The  actual  expenses  of 
travel  and  of  performing  duties  under  this  section  shall  be  paid  by 
the  county  of  Wayne,  upon  bills  allowed  by  said  board  of  police, and 
indorsed  by  the  president  and  secretary  thereof. 

(§  576.)      Sec.   36.      The   offices   of    city   marshal   and   assistant  offices  of  Citv 

Marshal  and 

marshal  of  the  city  of  Detroit  are  hereby  abolished,  and  the  duties  of  assistant 

abolished. 

said  offices  shall  hereafter  be  performed  by  the  superintendent  of 
police,  or  by  the  captains  and  sergeants  of  police,  under  his  direc- 
tions, in  accordance  with  the  provisions  of  this  act,  but  this  section 
shall  not  be  operative  until  the  superintendent  of  police,  or  captains 
of  police,  authorized  by  this  act  to  be  appointed,  shall  be  sworn  into 
office. 


(S  577.)     Sec.  37.     No  person  committed  to  the  house  of  correc-  „  .,    , 

\°  '  Bail  of  Dersons 

committed  ti 
House  of 
Correction. 


tion  for  want  of  bail  shall  be  discharged  therefrom,  on  bail,  until  the  House  of1 


order  of  discharge,  by  the  magistrate  or  court  who  committed  said 
person,  or  by  the  judge  of  some  circuit  court,  or  the  recorder  of  said 
city  (all  of  whom  are  authorized  to  approve  of  and  take  such  bail), 
together  with  the  original  recognizance  approved  by  such  magistrate, 
court,  judge  or  recorder,  shall  have  first  been  delivered  to  the  super- 
intendent of  the  house  of  correction;  and  said  superintendent  is 
hereby  directed  in  every  case  to  transmit  said  recognizance  to  the  su-  Prosecution  of 

forfeited  bail. 

perintendent  of  police,  who  shall,  whenever  the  said  recognizance  is 
forfeited  by  the  principal  therein  named,  deliver  the  same  to  the  at- 


300  CAWS    RELATING   TO  THK   CITV   OP    DETROIT. 

Chapter  •.'■.'  board  oj   metropolitan  police. 


torney  of  the  board  of  police  for  prosecution;  and  said  attorney  shall 
forthwith  proceed  to  collect  the  same  by  applying  to  the  recorder's 
court  of  said  city  for  an  order  upon  the  sureties  in  said  bond  to  show 
cause  why  said  recognizance  shall  not  be  forfeited  and  judgment  en- 
tered  for  the  amount  of  penalty  therein  mentioned  against  them,  on 
a  day  in  said  order  set  forth.     Said  order  shall  be  served  personally 
upon  said  sureties,  if  they  can  be  found  in  said  city,  and  if  they  can- 
not be  found,  by  leaving  a  copy  at  their  last  place  of  abode,  at  least 
four  days  before  the  day  therein  set  forth,  and  shall  be  granted  only 
upon  the  filing  with  said  court  of  an  affidavit  or  affidavits,  showing 
to  the  satisfaction  of  said  court  that  the  principal  named  in  said  re- 
cognizance has,  during  the  time  for  which  recognizance  is  condi- 
tioned for  his  or  her  good  behavior,  been  found  guilty  by  a  com- 
petent court  of  being  a  disorderly  person,  of  any  crime  or  misde- 
meanor, or  that  he  or  she  has  been  and  is  a  disorderly  person,  at  any 
time  within  the  life  of  said  recognizance,  and  since  his  or  her  dis- 
charge from  said  house  of    correction.      And  the  said  sureties,  or 
either  of  them,  upon  the  service  on  the33,  or  either  of  them,  of  said 
order  and  affidavit,  or  affidavits,  shall  come  into  court  upon  the  day  in 
said  order  named,  and  show  cause  by  affidavit  or  otherwise,  as  the 
court  may  direct,  why  judgment  shall  not  be  entered  against  them,  or 
either  of  them,  on  said  recognizance;  and  if  they,  or  either  of  them,, 
after  service  of  said  order,  fail  to  appear,  or  do  not  show  sufficient 
cause,  said  court  shall  enter  judgment  against  both,  all  or  either  of 
them,  upon  their  said  recognizance,  and  shall  issue  execution  there- 
on, and  collect  the  same  in  the  same  manner  as  in  cases  of  judgment 
Moneys  on  forfeited  recognizances  in  said  court.     All  moneys  collected  on 

recovered 

for  same.  such  executions  shall  be  paid  by  the  officer  collecting  the  same,  or  by 

the  person  or  persons  against  whom  the  judgment  was  rendered,  to 
the  clerk  of  said  court,  who  shall,  within  three  days  after  receiving 
the  same,  pay  it  to  the  officer  empowered  by  law  to  receive  it. 


LAWS   RELATING   TO   THE    CITY   OF    DETROIT.  301 

HOARD  OK  METROPOLITAN  POLICE.  CHAPTER    22 


i'i  578.)     Sec.  38.     Sections  one,  two,  three,  four,  five,  six,  seven,  Certain 

K'  '  sections  of 

-eight  and  nine,  of  chapter  thirteen,  of  an  act  entitled  "An  act  to  re-  repe^ed.rter 
vise  the  charter  of  the  city  of  Detroit,"  approved  February  fifth,  one 
thousand  eight  hundred  and  fifty-seven,  which  chapter  was  added  by 
"An  act  to  amend  an  act  entitled  an  act  to  revise  the  charter  of  the 
city  of  Detroit,  approved  February  fifth,  one  thousand  eight  hundred 
a,nd  fifty-seven,"  and  approved  March  twelfth,  one  thousand  eight 
hundred  and  sixty-one;  also  sections  one,  two  and  three  of  an  act  en- 
titled "  An  act  to  amend  an  act  entitled  an  act  to  revise  the  charter  of 
the  city  of  Detroit,  approved  February  fifth,  one  thousand  eight  hun- 
dred and  fifty-seven,"  and  approved  February  4th,  one  thousand  eight 
hundred  and  sixty-four,  and  all  acts  and  parts  of  acts  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed;  such  repeal,  how- 
ever, to  take  effect  and  become  operative  only  when  the  board  of 
police  appointed  by  this  act  shall  be  duly  organized,  and  a  police 
force  shall  be  appointed  by  said  board  and  sworn  into  office.  The 
president  of  the  board  of  metropolitan  police  shall  notify  the  citynoticeof 

organization. 

marshal  and  assistant  marshal  in  writing,  and  publish  a  notice  in  two 
daily  papers  published  in  Detroit,  stating  the  fact  and  time  of  the 
organization  of  the  said  police  force,  for  the  purpose  of  fixing  the 
time  when  sections  thirty-five  and  thirty-six,  and  this  section,  shall 
become  operative. 

(§  579.)     Sec  39.     Any  person  who  has  no  trade  or  occupation  at 

Disorderly  con- 

which  he  actually  labors,  and  has  no  visible  means  of  support,  who  cluct  defined, 
frequents  places  for  the  retailing  of  spirituous  liquors,  and  any  per- 
son who  frequents  houses  of  ill-fame,  or  places  where  gaming  for 
money  is  carried  on,  and  any  person  in  whose  possession  burglars' 
tools  shall  be  found,  for  the  possession  of  which  he  or  she  cannot  ac- 
count satisfactorily,  and  any  person  who,  having  been  convicted  and 
imprisoned  for  any  offense,  neglects  for  the  period  of  ten  days  to  en- 
gage in  some  lawful   business  or  occupation,  shall  be  deemed  a  dis- 


LAWS    RKI.ATINC.    TO    THK    CITY    OF    DETROIT. 


CHAPTJ  B  38  BOARD  OI   METROPOLITAN  POLII  I. 

t 

orderly  person,  and  Bhall  bo  complained  against,  examined  and  deal 
with  as  is  provided  by  the  statutes  of  this  state  for  disorderly  persons. 
And  it  shall  be  the  duty  of  the  members  of  the  police  force  to  seize 

edings  in 
regard  to  all  burglars'  tools,  wherever  found,  and  if  the  owner  thereof  can  be 

burglars'  tools. 

discovered,  to  complain  of  him  under  this  section,  and  if  he  is  found 
guilty  under  such  complaint,  the  superintendent  or  some  captain  of 
police  shall  destroy  or  mutilate  such  tools,  so  that  they  cannot  be 
used  for  burglarious  purposes  again,  and  if  the  said  owner  is  not  con- 
victed, said  tools  shall  be  returned  to  him.  If  the  owner  of  said  tools 
shall  not  be  found  within  ten  days  after  they  are  seized,  the  superin- 
tendent or  some  other  member  of  the  said  force  shall  take  the  same 
to  tlie  police  justice,  and  make  oath  before  him  of  the  time  when  and 
place  where  said  tools  were  found;  and  if  the  said  police  justice  shall 
find  that  said  tools  are  burglars'  tools,  he  shall  orderthesame  to  be  de- 
stroyed by  the  superintendent  or  some  captain  of  the  police;  and  if  the 
said  police  justice,  upon  the  examination  of  any  person  upon  com- 
plaint under  this  section,  shall  decide  that  any  of  the  tools  are  not 
burglarious,  such  tools  shall  be  returned  to  the  owner,  or  if  upon 
tools  being  brought  before  him,  the  owner  of  which  cannot  be  dis- 
covered, he  shall  decide  that  all  or  part  of  them  are  not  burglarious, 
then  such  as  he  decides  are  not  burglarious  shall  be  left  and  disposed 
of  in  the  same  manner  as  is  provided  for  property  found  by  the 
police. 

Cases  brought  a  539. )     Sec.  40.     Whenever  the  police  justice  of  said  city  shall 

before  police 


bv  him. 


cognizable  find,  upon  examination  before  him,  that  an  offense  not  cognizable  by 
him  has  been  committed,  and  that  there  is  probable  cause  to  believe 
the  person  charged  is  guilty  thereof,  if  the  offense  is  bailable,  said 
justice  shall  bind  the  said  person  with  sufficient  sureties  to  appear  be- 
fore the  recorder's  court;  and  in  default  of  said  person  entering  into 
a  recognizance  for  his  appearance  at  said  court,  as  ordered  by  said 
justice,  said  justice  shall  commit  him  or  her  to  the  county  jail  for 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT.  303 

BOARD  OK  METROPOLITAN  POLICE.  CHAPTER    2"-J 


trial;  and  the  person  so  committed  may,  during  the  time  he  or  she  is 
confined  in  said  jail  awaiting  trial,  appear  before  said  justice  and  give 
bail   for  his  or  her  appearance  at  the  recorder's  court,  and  no  other 

Bail  sureties. 

court,  magistrate  or  officer  shall,  under  any  circumstances,  admit  said 
person  to  bail  except  judges  of  the  supreme  and  circuit  courts,  or  the 
recorder  of  said  city.  If  said  person  is  brought  by  writ  of  habeas 
corpus  before  a  circuit  court  commissioner,  said  commissioner,  upon 
return  being  made  to  him  on  said  writ,  that  said  person  is  imprisoned 
by  virtue  of  being  committed  for  trial  by  said  police  justice,  shall  not 
admit  said  person  to  bail  nor  proceed  to  further  hear  the  case  under 
the  writ,  except  to  receive  evidence  sustaining  or  denying  the  truth 
of  the  return.  In  no  case  shall  said  police  justice,  or  any  judge, 
court,  magistrate,  or  officer  authorized  to  take  bail  for  the  appearance 
of  any  person  charged  with  crime  in  said  city  receive  as  suretjr  for 
said  person  any  person  who  is  a  party  to  a  recognizance  for  the  ap- 
pearance of  a  person  charged  with  crime,  and  which  recognizance  has 
been  forfeited  and  is  unpaid,  or  upon  which  recognizance  judgment 
has  been  rendered  but  is  unpaid  and  unsatisfied.  Every  judge,  court, 
magistrate  and  officer,  and  said  police  justice  shall,  before  receiving 
and  accepting  any  person  as  surety  under  this  section,  require  said 
person  to  swear  that  he  is  not  a  party  to  any  forfeited  and  unpaid 
recognizance,  nor  a  party  to  any  unsatisfied  judgment  upon  any  recog- 
nizance for  the  appearance  of  any  person  charged  with  or  convicted 
of  crime  or  misdemeanor. 

(§  581.)     Sec.  41.     In  all  cases  of  trial  or  examination  of  any  de- 

Bail  for  appear- 

fendant  before  the  police  court  of  the  city  of  Detroit,  if  any  adjourn-  ance  on  ad- 
journed day. 

ment  of  any  such  trial  or  examination  shall  be  had,  and  in  all  cases 
of  the  postponement  of  the  examination  of  any  party  under  arrest 
before  said  court,  it  shall  not  be  competent  for  any  other  officer  than 
the  police  justice,  or  the  person  acting  as  such,  to  take  bail  for  the 
appearance  of  the  accused  at  the  said  adjourned  day. 


3°4 


(.'it  \r  ii  H  '.'.'. 


I.wvs    RELATING    XO   THE   CITY   OV    DETROIT. 


BOA  I<1>  ci    M  i   i  Rl  >roi  [TAN  PO]  u  I 


PENSIONS   TO    POLICEMEN    AND    WIDOWS    AND   ORPHANS   OK   POLICEMEN. 

Aii  Act  to  provide  for  the  pensioning  of  the  widows  and  orphans  of 
members  of  the  metropolitan  po.  ice  force  of  the  city  of  Detroit, 
killed  or  dving  from  the  effects  of  injuries  received  while  in  the 
performance  of  their  duty,  and  also  to  provide  for  a  pension  for 
members  of  the  metropolitan  police  force  of  the  city  of  Detroit 
who  are  injured  or  totally  or  partially  disabled  from  injuries  re- 
ceived while  in  the  performance  of  their  duty,  and  provide  for  a 
fund  for  and  manner  of  payment  of  such  pension. 


In  c:ise  of 
death  from 
injury  widow 
to  receive 
pension. 


(§  582, )  Section  1.  The  people  of  the  State  of  Michigan  enact, 
That  whenever  a  member  of  the  metropolitan  police  force  of  the  city 
of  Detroit  shall  be  killed  or  shall  die  from  the  effects  of  injuries  re- 
ceived while  in  the  performance  of  his  duty,  leaving  a  widow,  but  no 
children,  his  widow  shall  be  paid  a  pension  of  twenty-rive  dollars  per 
month.  Should  such  police  officer  leave  children,  said  widow  shall 
be  entitled  to  an  additional  sum  of  five  dollars  per  month  for  each 
child  so  left  by  the  death  of  such  police  officer;  such  pension  of 
twenty-five  dollars  per  month  shall  continue  during  the  life  of  said 
widow  providing  she  does  not  re-marry,  upon  which  contingency  said 
pension  of  twenty-five  dollars  per  month  shall  cease  to  be  paid.  And 
said  five  dollars  per  month  shall  thereafter  be  paid  to  the  legal  guard 
ian  of  the  surviving  children  of  said  officer.  The  pension  provided 
for  in  this  act  for  the  children  of  such  deceased  officer  shall  cease 
upon  the  death  of  such  child  or  upon  its  attaining  its  sixteenth  year. 


LAWS   RELATING   TO   THE   CITY   OK   DETROIT.  305 

BOARD  OF  METROPOLITAN  POLICE.  CHAPTER    2% 


(ja  583.)    Sec.  2.     Should  such  deceased  police  officer  leave  no  Children  of 

policemen  to 

widow,  but  shall  leave  children  surviving  him,  a  pension  of  eight  dol-  ™{j*"e  Pension' 
lare  per  month  for  each  child  shall  be  paid  to  the  guardian  of  such 
child  or  children,  to  be  used  in  providing  for  the  proper  care,  educa- 
tion and  maintenance  of  such  child.  Said  sum  of  eight  dollars  per 
month  shall  cease  upon  the  death  of  such  child  or  upon  its  attaining 
its  sixteenth  year. 

(§  584.)     Sec.  3,     Any  member  of  the  metropolitan  police  force  Totar 

disability. 

of  the  city  of  Detroit  who  shall  become  totally  disabled  from  injuries 
received  while  in  the  performance  of  his  duties  shall  be  paid  a  pen- 
sion of  fifty  dollars  per  month  during  his  life  or  while  such  total  dis- 
ability shall  exist.  Total  disability  shall  mean  total  inability  to  per- 
form manual  labor,  total  loss  of  eye-sight,  loss  of  speech,  and  loss  of 
right  arm  or  both  legs. 

(§  585.)     Sec  4.     Any  member  of  the  metropolitan  police  force 

Injuries. 

of  the  city  of  Detroit  who  shall  from  the  effects  of  injuries  sustained 
while  in  the  performance  of  his  duties  lose  his  left  arm,  hearing,  one 
eye,  nose,  one  leg,  loss  of  fingers  on  either  hand,  or  of  any  other 
member  of  the  body,  which  comes  within  the  common  law  definition 
of  mayham,  he  shall  be  entitled  to  such  pension,  not  exceeding  fifty 
dollars  per  month,  as  the  committee  provided  for  in  section  seven  of 
this  act  shall  determine  to  be  just:  Provided,  That  the  determination 
of  said  committee  shall  in  all  things  be  final. 

({a  580.)     Sec.  5.     The  pension  provided  for  in  this  act  bhall  be  _ 

Pensions, 

paid  by  a  warrant  drawn  and  signed  by  the  city  clerk  of  the  city  of  low  pau ' 
Detroit,  and  countersigned  by  the  controller  of  the  city  of  Detroit 
upon  the  treasurer  of  said  city,  and  shall  be  paid  out  of  the  general 
fund  of  said  city,  until  the  pension  fund  herein  provided  for  shall 
have  been  raised,  and  thereafter  from  such  pension  fund. 


I.wvs    RELATING    TO   THE   CITY   OF    DETROIT. 
Chapter  22  •  board  01   metropolitan  police. 


Controller  (§  587.;    Sec.  6.     The  city  controller  shall  include  in  his  annual 

irnish 

estimates  a  sufficient  sum  to  pay  all  peusions  provided  for  in  this  act, 
when  the  same  shall  become  necessary  to  constitute  a  police  pension 
fund,  which  estimate  shall  be  allowed  by  the  proper  estimating  bodies 

and  raised  by  direct  taxation. 

nsentitled  (g  ggg  ,     Sec.   7.      Whenever  any  person  shall  be   entitled  to  a 

to  pension  \o  /  •>     • 

common  'council  pension  under  the  provisions  of  this  act,  they  shall  present  a  petition 
to  the  common  council  of  said  city,  praying  that  they  may  be  allowed 
the  same;  upon  such  petition  being  presented  to  the  common  council 
the  president  shall  immediately  appoint  two  members  of  said  com 
mon  council  to  act  upon  a  committee,  of  which  committee  the  mayor 
of  said  city,  its  controller  and  the  president  of  said  council,  together 
with  the  president  of  the  board  of  police  commissioners,  shall  be 
members,  the  mayor  being  chairman.  Said  committee  shall  consider 
such  petition,  and  if  said  committee  shall  determine  that  the  appli- 
cant is  entitled  to  a  pension  under  the  provisions  of  this  act,  they 
shall  report  such  determination  back  to  said  common  council  at  its 
next  regular  meeting;  which  body  shall  order  the  name  of  said  appli- 
cant placed  upon  a  pension  roll  to  be  provided  by  the  city  clerk,  and 
thereafter  such  applicant  shall  be  entitled  to  draw  such  pension  as 

proviso  hereinbefore  provided:     Provided,  however,  That  the  city  clerk  may 

provide  a  day  in  each  month  for  the  payment  of  such  pensions,  noti- 
fication of  which  day  shall  be  sent  to  each  person  entitled  to  such 
pensions,  and  such  day  when  fixed  shall  not  be  changed  during  the 
official  term  of  said  clerk:  Provided,  further,  That  should  said  com- 
mittee of  the  common  council  determine  that  the  applicant  is  not  en- 
titled to  a  pension,  they  shall  report  the  same  as  above  provided,  and 
such  decision  shall  for  all  purposes  be  final. 

Pensions  to  aj  539  \     gEC   g      jn  ai  j  cases  the  pensions  provided  for  in  this 

be  paid  from  '"  ' 

ortdeath.nJU        act  shall  be  paid  from  the  date  of  the  death  of  such  officer,  or  from 


LAWS    RELATING   TO   THE    CITY    OK    DETROIT.  307 

BOARD  OF  METROPOLITAN  POLICE.  CHAPTER  2'2 


the  date  when  injury,  resulting  in  partial  or  total  disability,  was  re- 
ceived. The  provisions  of  this  act  are  hereby  made  applicable  to 
the  widows  and  children  of  George  Kimball,  Alonzo  Bullard,  Albert 
T.  Thayer  and  Edward  Schumacher.  This  act  is  ordered  to  take  im- 
mediate effect.     (Approved  June  23d,  A.  D.  1891.) 


LAWS    RELATING  TO  THE   CITY  OK  DETROIT. 

CHAPTKR  2S,  BOARD  OF  METROPOLITAN  POLICE. 


DISABLED    AND   INCAPACITATED   POLICEMEN. 

An  Act  to  provide  ior  placing  on  the  retired  list,  on  reduced  pay, 
members  of  the  metropolitan  police  force  of  the  city  of  Detroit  who 
shall  have  become  disabled  and  incapacitated  while  in  the  active 
performance  of  official  duty,  and  members  of  said  force  and  per- 
sons in  the  employ  of  the  police  board  of  said  city  of  Detroit,  who 
after  twenty-five  years'  faithful,  continuous  service,  shall  have  be- 
come permanently  incapacitated  from  performing  regular  active 
duty. 

(§  590.)     SECTION  1.      The  people  of  the  State  of  Michigan  enact, 
incapacitated      That  whenever  a  member  of  the  metropolitan  police  force  of  the  city 

policemen. 

of  Detroit  shall  have  become  disabled  or  incapacitated  while  in  the 
actual  performance  of  official  duty,  and  whenever  any  member  of 
said  force  or  other  person  in  the  employ  of  the  police  board  of  the 
city  of  Detroit,  who  has  performed  faithful  service  as  such  member 
or  employe  for  a  period  of  not  less  than  twenty-five  consecutive  years, 
shall  have  become  permanently  incapacitated  from  performing  regu- 
lar, active  duty,  he  may  be  retired  by  the  board  of  police  commis- 
sioners from  regular,  active  service  and  placed  upon  the  retired  list 
and  when  so  retired  shall  be  paid  annually,  in  equal  monthly  pay- 
ments, a  sum  equal  to  one-half  the  anuual  pay  received  by  him  at  the 
time  of  his  retirement,  if  the  surgeon  ef  said  force,  or  some  other 
competent  physician  authorized  by  said  police  board  to  act  in  the 
premises  shall  certify  to  said  board  in  writing  that  he  is  permanently, 
physically  or  mentally  incapacitated  from  regular,  active  duty,  which 


LAWS   RELATING   TO   THE    CITY   OF    DETROIT.  309 

HOARD  OF  MK.rKOPOI.ITAN  POLICE.  CHAPTER    22 


finding  shall  be  approved  by  said  board  by  resolution  duly  of  record: 
Provided,  That  no  member  of  said  force  shall  be  so  retired 
until  he  has  been  duly  notified  by  said  board  of  its  intention  to 
so  retire  him,  and  he  has  had  an  opportunity  of  being  heard  in 
opposition  thereto. 

(§  591.)     Sec.  2.     Officers  on  the  retired  list  shall  be  subject  toQfficerson 
the  orders  and  discipline  of  the  board  of  police  commissioners,  and 
shall  perform  such  duties  as  may  be  required  of  them,  and  shall  be 
subject  to  dismissal  and  to  punishment  in  the  same  manner  as  officers 
in  regular,  active  service. 

(§  592.)     Sec.  3.     Said  board  of  police  commissioners  may  at  any  commissioners 

may  require 

time  require  officers  on  the  retired  list  to  be  re-examined  by  the  sur-  retired  officers 

to  be  examined 

geon  of  said  force,  or  some  other  competent  physician  authorized  by  by  sur£eon- 
said  board  to  act  in  the  premises,  and  if  on  such  re-examination  they 
are   reported  capable  of  performing  regular  duty,  they  may  be  re- 
quired by  said  board  to  return  to  regular  duty  on  full  pay. 

(t»  593.)     Sec.  4.     Nothing  in  this  act  shall  be  construed  to  apply  XT  ., . 

Vo  •/  o  ii-./   Nothing:  in 

to  special  policemen  nor  to  patrolmen  appointed  at  the  request  and  construed  to 

apply  to 

expense  of  private  parties,  nor  shall  any  person  in  the  actual  receipt  special 

policemen. 

of  a  pension  for  injuries  received  as  a  member  of  said  police  force 
draw  any  pay  under  the  provisions  of  this  act. 

(§  594.)     Sec.  5.     All  rewards  and  all  the  proceeds  of  gifts  and 

Rewards, 

emoluments  that  may  be  allowed  by  the  board  of  police  commission-  gifts,  etc. 
ers  to  be  given  or  paid  on  account  of  extraordinary  services  of  mem- 
bers of  the  police  force,  all  unclaimed  money,  proceeds  arising  from 
the  sale  of  unclaimed  property,  and  all  fines  imposed  by  the  board  of 
police  commissioners  upon  members  of  the  force  for  violations  of 
rules,  and  the  money  now  in  the  "police  life  and  health  insurance 
fund,"  which  is  hereby  transferred,  shall  be  paid  into  the  Detroit  city 


LAWS  RELATING  To  XHE  CITY  OV    nKTROIT. 


Chapter  82,  board  oi   metropolitan  police, 


treasury  and  used  for  the  payment  of  salaries  provided  for  iu  this  act. 
Any  additional  moneys  needed  for  the  payment  of  persons  on  the  re- 
tired list  shall  be  estimated  for  and  raised  by  taxation  in  the  same 
manner  as  the  other  expenses  of  maintaining  the  the  police  force  of 
the  city  of  Detroit.  Persons  on  the  retired  list  shall  be  paid  at  the 
same  time  and  in  the  same  manner  as  members  of  the  regular  active 
force.     (Approved  May  4th,  1893.) 


CHAPTER     XXIII. 


HOUSE    OF    CORRECTION. 


All  Act  to  pstablish  the  Detroit  house  of  correction  and  authorize  the 

confinement  of  convicted  persons  therein.     (Approved 

March  15tn,  1861.     Laws  of  1861,  p.  262.) 

(8  595,')     SECTION  1.      The  people  of  the  State  of  Michigan  enact 

v«  r  N  ame  of 

That  the  building  erected  for  that  purpose  by  the  city  of  Detroit  shall  Iustitution. 
be  known  and  recognized  as  the  "  Detroit  house  of  correction,"  and 
shall  be  used  for  the  confinement,  punishment  and  reformation  of  How  to  be  used- 
criminals,  or  persons    sentenced  thereto,  under    the    provisions  of 
this  act,  or  any  law  of  this  state  authorizing  the  confinement  of  con- 
victed persons  in  the  said  house  of  correction. 

(§596.)     Sec.  2.     The   management  and   direction  of   the   said  Four  inspectors 
house  of  correction,  subject  to  periodical  inspection  by  the  state  au- 
thorities in  their  discretion,  shall  be  under  the  control  and  authority 

of  a  board  of  inspectors,  to  be  appointed  for  that  purpose  by  the  To  be  nomi. 

nated  by  the 
common  council  of  the  city  of  Detroit,  upon  the  nomination  of  the  mayor. 

mayor.  Said  board  of  inspectors  shall  consist  of  four  members.  The 
first  four  shall  be  appointed  as  follows.  One  member  for  one  year,  Term  of- 
one  for  two  years,  one  for  three  years,  and  one  for  four  years.  And 
annually  thereafter  one  member  shall  be  appointed  for  the  full  term 
of  four  years.  And  the  official  terms  of  the  members  of  said  board 
shall  commence  on  the  first  day  of  July.  Vacancies  shall  be  filled  in  Vacancies, 
the  same  manner  as  the  original  appointments  are  made.  (As  amend- 
ed June  2,  1831.) 


312  LAWS    RELATING  TO  THE   CITY   OF    DETROIT. 

Cm  \ri  i  i;   23.  in  lUSI  hi    mikiiii   i  m\. 


i^"-'1  >";>\  (§597.)    Sec.  8.    The  Board  of  Inspectors  of  the  Detroit  House 

adopt  rules, 

superintendent,  of  Correction,  :is  provided  for  in  act  number  two  hundred  and  seven 
guards,' etc.        of  the  public  acts  of  eighteen   hundred  and  eighty-one,  are  hereby 
authorized  and  empowered  to  establish  and  adopt  rules  for  the  regu- 
lation and  discipline  in  said  House  of  Correction,  and  to  appoint  a 
superintendent  thereof,  whose  term  of  office  shall  be  three  years,  the 

salary  of  salary  to  be  fixed  by  said  board  and  not  to  exceed  four  thousand  dol- 

Supenntendent.  J  J 

lars,  and  the  appointment  to  be  made  at  least  three  months  before  the 
expiration  of  the  term  then  pending,  and  to   fix  the  compensation  of 
the  subordinate  officers,  guards  and  employees,  who  shall  be  appoint- 
ed by  the   superintendent,  and  prescribe  their  duties  not  otherwise 
prescribed  by  law,  and  to  make  all  rules  and  regulations  in  relation  to 
the  management  and  government  thereof  as  they  shall   deem  expedi- 
te appropriated  ent-     But  no  appropriation  of  moneys  shall  be  made  by  said  Board  of 
excepting  for 
necessary  ex-     Inspectors  for  any  other  purpose  than  the  necessary  expenses,  and  for 

penses  without 

consent  of  com- tne  repairs  of  said  institution  from  damages  which  may  occur  to  the 

inon  council.  ^  °  ^ 

property  known  as  the  Detroit  House  of  Correction,  and  from  ordin- 
ary wear  and  usage  of  the  same,  without  the  sanction  of  the  Common 
Council,  by  a  vote  of  the  majority  of  the  aldermen  elect  in  said  city,  at 
some  regular  meeting  subsequent  to  the  meeting  in  which  such  appro- 
priation shall  have  been  presented  to  said  Common  Council.  All  aots 
and  parts  of  acts  contravening  the  provisions  of  this  act  are  hereby  re- 
pealed.    (As  amended  by  act  approved  June  24,  1891.) 

Meetings  of  a  598.)     Sec.  4.     Said  inspectors  shall  serve  without  fee  or  corn- 

board.  v  ' 

pensation.     There  shall  be  a  meeting  of  the  entire  board  at  the  house 

of  correction  once  in  each  year,  at  such  time  as  shall  be  fixed  by  said 

board.     One  or  more  of  said  appointed  inspectors  shall  visit  the  said 

Meetings  at        house  of  correction  once  at  least  in  each  month.     There  shall  be  a 

House  of  Cor- 
rection, when:    meeting  of  said  appointed  inspectors  at  said  house  of  correction  once 
to  examine  into 

management;     jn  every  three  months,  when  they  shall  fully. examine  into  its  man- 
nts'        agement  in  every  department,  hear  and  determine  all  complaints  or 


LAWS    RELATING   TO    THE    CITY   OF    DETROIT.  313 


HOUSE  OF  CORRECTION.  CHAPTER  23 


questions  not  within  the  province  of  the  superintendent,  to  determine 
and  make  such  further  rules  and  regulations  for  the  good  government 
of  said  house  of  correction  as  to  them  shall  seem  proper  and  neces- 
sary. All  rules,  regulations  or  other  orders  of  said  board  shall  be  re-  Records  of 
corded  in  a  book  to  be  kept  for  that  purpose,  which  shall  be  deemed 
a  public  record,  and  with  the  other  books  and  records  of  said  house 
of  correction  shall  be  at  all  tunes  subject  to  the  examination  of  any  open  to 

inspection. 

member  or  committee  of  the  common  council,  the  controller,  treas- 
urer or  attorney  of  said  city,  or  any  officer  or  person  duly  authorized 
by  any  court  of  record  in  this  state  to  make  such  examination. 


(§  599.)    Sec.  5.     The  books  of  said  house  of  correction  shall  be  Records, 

how  kept, 
so  kept  as  to  clearly  exhibit  the  state  of  the  prisoners,  the  number  re 

ceived  and  discharged,  and  the  receipts  from  and  expenditures  for 
and  on  account  of  each  department  of  business,  or  for  repair,  or  im- 
provement of  the   premises.     A  quarterly  statement  shall  be  made  Quarterly 

statement. 

out,  which  shall  specify  minutely  all  receipts  and  expenditures, 
proper  vouchers  for  each  expenditure  shall  accompany  each  state- 
ment and  the  same  be  approved  by  the  inspectors  and  the  common 
council  of  the  city  of  Detroit,  and  returned  to  the  controller  of  said 
city  for  safe  keeping.     The  accounts  of  said  house  of  correction  shall 

Accounts, 

be  annually  closed  and  balanced  on  the  31st  day  of  December  of  each  when  to  be 

closed. 

year,  and  the  annual  report  submitted  as  soon  thereafter  as  practi- 

j,  ,  ,,-,    .  Annual    reports 

cable,  the   first  report  to  be    made  in   (1882)  eighteen   hundred  and  when  made 

and  to  whom 

eighty-two,  giving  a  full  account  of  the  operations  of  the  preceding  to  be  sent- 
year,  and  the  same  submitted  to  the  board  of  inspectors,  and  with 
their  report  to  the  common  council,  a  copy  of  which  shall  be  trans- 
mitted to  each  department  of  the  state  government,  and  to  each 
county  in  the  state  having  contracts  with  said  city  for  the  confine- 
ment and  maintenance  of  convicted   persons.     And  such  report  shall 

To  be  published 
be  published  in  some  newspaper  in  the  city  or  in  such  other  form  as 


314 


CAWS    RELATING   TO   THK   CIT\    OP    OKTROIT 


'" 


CH  \r 


in  'I  SI  "I    CORREI    I  [ON, 


Repealing 
clause. 


Superintendent 

his  |io\\  i-rs 
and  duties. 


Residence  oi. 


Deputy 

Superintendent. 
his  powers 
and  dutiee. 


Counties  may 

contract  for 

keeping- 

of  criminals. 


shall  1)«'  directed  bv  said   board  of  inspectors.     (As  amended  April  1(1 
1888.) 

(§  600.)  Sec.  6.  All  provisions  of  law  relative  to  the  appoint- 
ment or  term  of  office  of  all  officers  of  said  house  of  correction  not 
contained  herein  are  hereby  repealed.     (  \s  amended  June  5,  1881.) 

(§  601.)  Sec.  7.  The  superintendent  of  the  said  house  of  correc- 
tion shall  have  entire  control  and  management  of  all  its  concerns, 
subject  to  the  authority  established  by  law  and  the  rules  and  regula- 
tions adopted  for  its  government;  it  shall  be  his  duty  to  obey  and 
carry  out  all  written  orders  and  instructions  of  the  inspectors  not  in- 
consistent with  the  laws,  rules  and  regulations  relating  to  the  govern- 
ment of  said  institution.  He  shall  be  responsible  for  the  manner  in 
which  said  house  of  correction  is  managed  and  conducted.  He  shall 
reside  at  said  house  of  correction,  devote  his  time  and  attention  to  the 
business  thereof,  and  visit  and  examine  into  the  condition  and  man- 
agement of  every  department  thereof  and  of  each  prisoner  therein 
confined,  daily,  or  as  often  as  good  order  or  necessity  may  require. 
He  shall  exercise  a  general  supervision  and  direction  in  regard  to  the 
discipline,  police  and  business  of  said  house  of  correction.  The 
deputy  superintendent  of  said  house  of  correction  shall  have  and  ex- 
ercise the  powers  of  the  superintendent,  in  his  absence,  so  far  as  re- 
lates to  the  discipline  thereof  and  the  safe  keeping  of  prisoners. 

(§  602.)  Sec.  8.  The  board  of  supervisors  of  any  organized 
county  in  the  state  shal.  have  full  power  and  authority  to  enter  into 
an  agreement  with  the  common  council  of  the  city  of  Detroit,  or  with 
any  authorized  agent  or  officer  in  behalf  of  said  city,  to  receive  and 
and  keep  in  the  Detroit  house  of  correction  any  person  or  persons 
who  may  be  sentenced  to  confinement  by  any  court  or  magistrate  in 
any  of  said  counties,  for  any  term  not  less  than  sixty  days.  When- 
ever such  agreement  shall  have  been  made,  it  shall  be  the  duty  of  the 


LAWS   RELATING   TO   THE   CITY   OK   DETROIT.  315 

HOUSE  OK  CORRECTION.  CHAPTER   2& 


board  of  supervisors  for  any  county  in  behalf  of  which  such  agree- 
ment shall  have  been   made,  to  give  public  notice  thereof  in  some  ^ll'Icaec" 

,     how  given. 

newspaper  published  within  said  county,  and  in  case  no  newspaper  is 
published  in  said  county,  then  such  notice  shall  be  published  in  some 
newspaper  within  the  judicial  district  to  which  said  county  is  at- 
tached, for  a  period  not  less  than  four  weeks,  and  such  notice  shall 
state  the  period  of  time  for  which  such  agreement  will  remain  in 
force. 

(S  603.)     Sec  9.     In  every  county  having  such   agreement  with  Duty  of  courts 

and  justices  in 

the  said  City  of  Detroit,  it  shall  be  the  duty  of  every  court,  police  jus-  ^"^H"^ 
tice,  justice  of  the  peace,  or  other  magistrate,  by  whom  any  person, 
for  any  crime  or  misdemeanor  not  punishable  by  imprisonment  in  the 
state  prison,  may  be  sentenced  for  any  term  not  less  than  sixty  days, 
to  sentence  such  person  to  the  Detroit  House  of  Correction,  there  to 
be  received,  kept  and  employed,  in  the  manner  prescribed  by  law,  and 
the  rules  and  discipline  of  the  said  House  of  Correction;  and  it  shall 
be  the  duty  of  any  such  court,  police  justice,  justice  of  the  peace,  or 
other  magistrate,  by  a  warrant  of  commitment  duly  issued  by  the 
court,  justice  or  magistrate  declaring  such  sentence,  to  cause  such  per- 
son so  sentenced  to  be  forthwith  conveyed  by  some  proper  officer  to 
said  House  of  Correction. 

(§  604.)     Sec  10.     It  shall  be  the  duty  of  the  sheriff,  constable  or 

Duty  of  sheriffs 

other  officer  in  and  for  any  county  havintr  such  agreement  with  said  and  constables 

J  ^  °  °  in  counties 

City  of  Detroit,  to  whom  any  warrant  or  commitment  for  that  purpose  m' 
may  be  directed  by  any  court  or  magistrate  in  such  county,  to  convey 
such  person  so  sentenced  to  the  said  Detroit  House  of  Correction,  and 
there  deliver  such  person  to  the  keeper  or  other  proper  officer  of  said 
House  of  Correction,  whose  duty  it  shall  be  to  receive  such  person  so 
sentenced,  and  to  safely  keep  and  employ  such  person  for  the  term 
mentioned  in  the  warrant  or  commitment,  according  to  the  laws  of 
said  House  of  Correction:  and  the  officer  thus  conveying  and  so  deliv- 


3i6 


LAWS   RELAXING   TO   THK   CITY   OK    DETROIT. 


in  ii'i'i  k  28 


officei  s . 


HOUSE  in    CORkEI    l  M\ 


ing  the  person  or  persons  so  sentenced,  shall  be  allowed  such  fees  or 
compensation  therefor  as  shall  be  prescribed  or  allowed  by  the  board 
of  supervisors  for  the  county  in  which  such  person  shall  have  been 
convicted. 


State  Prison 
inspectors  may 
contract  for 
confinement  of 

criminals. 


Compensation 


Notice  of 
contract; 
how   given. 


Duty  of  the 

sheriffs. 


(§  605.)  Sec.  11.  The  inspectors  of  the  state  prison  may  con- 
tract with  the  said  City  of  Detroit,  or  any  duly  authorized  agent  or 
officer  in  behalf  of  said  city,  for  the  confinement  and  maintenance  in 
the  Detroit  House  of  Correction  of  persons  convicted  of  any  offense 
punishable  by  imprisonment  in  the  state  prison.  Provided,  That  the 
compensation  to  be  paid  for  such  confinement  and  maintenance  shall 
not  exceed  the  sum  of  one  dollar  per  week;  and  upon  the  completion 
and  execution  of  any  such  contract,  the  inspectors  of  the  state  prison 
and  of  the  said  House  of  Correction  shall  give  public  notice  thereof, 
in  some  weekly  newspaper,  in  each  county  in  which  a  weekly  news- 
paper is  published,  after  which  any  male  person,  under  the  age  of 
twenty-one  years  and  above  the  age  of  sixteen  years,  who  shall  be 
convicted  of  any  offense  (murder  and  treason  excepted),  punishable  by 
imprisonment  in  the  state  prison,  may,  in  the  discretion  of  the  court 
before  whom  such  conviction  shall  be  had,  be  sentenced  to  imprison- 
ment in  the  Detroit  House  of  Correction;  and  every  male  between  the 
ages  of  sixteen  and  twenty-two  years,  who  shall,  for  the  first  time,  be 
so  convicted,  shall  be  sentenced  to  said  Detroit  House  of  Correction. 
And  every  female,  who  shall  be  so  convicted,  shall  be  sentenced  to 
said  House  of  Correction.  And  every  person  so  sentenced  shall  be  re- 
ceived into  the  said  House  of  Correction,  and  shall  be  kept  and  em- 
ployed in  the  manner  prescribed  by  law,  and  shall  be  subject  to  the 
rules  and  discipline  of  said  House  of  Correction. 

(§  606.)  Sec.  12.  It  shall  be  the  duty  of  the  sheriff  of  any 
county  within  which  any  person  shall  be  convicted  and  sentenced, 
as  in  the  eleventh  section  of  this  act  provided,  to  convey  such  person 
to  the  said  House  of  Correction,  and  deliver  him  or  her  to  the  super- 


LAWS   RELATING   TO   THE   CITY    OK   DETROIT.  3X7 


HOUSE  OF  CORRECTION.  CHAPTER   £3 


intendent  thereof,  for  which  such  sheriff  shall  be  paid  the  same  fees  Fees  of. 
and  compensation  allowed  for  conveying  persons  to  the  state  prison. 
(§607.)     Sec.  13.     All  provisions  of  law  authorizing  the  commit- 

.  Cestain  males 

ment  and  confinement  of  males  under  sixteen,  and  females  under  four-  and  females 

under  age  to 

teen  years  of  age,  in  jails,  workhouses  or  houses  of  correction  in  the  J^"^" 
City  of  Detroit,  are  hereby  made  applicable  to  all  persons  who  may  0rConectlon' 
shall  be,  under  the  provisions  of  this  act,  sentenced  to  the  said  Detroit 
House  of  Correction. 


(§  608.)     Sec.  14.     The  expenses  of  maintaining  the  said  House 


Expenses  of 


of  Correction,  over  and  above  all  receipts  for  the  labor  of  persons  con-  correction; 

1 1  v.     now  to  be 

lined  therein,  and  for  the  support  of  those  whose  support  shall   not  be  defrayed, 
chargeable  to  the  county  of  Wayne,  or  be  otherwise  provided  for,  shall 
be  audited  and  paid,  from  time  to  time,  bythe  Common  Council  of  the 
City  of  Detroit,  and  shall  be  raised,  levied  and  collected  as  part  of  the 
ordinary  expenses  of  said  city. 

(g  609.)    Sec.  15.     Whenever  the  said  house  of  correction        all. 

Inspectors  to 

in  the  opinion  of  the  board  of  inspectors,  by  this  act  created  and  es-  make  certifi- 
cates, where 
tablished,  or  by  a  majority  of  them,  be  so  far  completed  as  to  insure  filed  and  upon 

»«'■»■'  r  whom  served. 

the  safe  confinement  and  employment  therein  of  persons  intended  to 
be  therein  confined,  they  shall  make  duplicate  certificates  thereof  un- 
der their  hands  and  seals,  one  of  which  they  shall  file  in  the  office  of 
the  clerk  of  Wayne  county,  and  the  other  shall  be  served  upon  the 
sheriff  of  said  county,  and  the  said  sheriff  shall  thereupon  transfer  all 
such  persons  to  the  said  house  of  correction,  and  the  superiutedent 
thereof  shall  receive  such  persons  and  safely  keep  them  for  the  term 
for  which  they  are  sentenced,  and  employ  them  according  to  the  dis- 
cipline and  rules  established  for  the  government  of  said  house  of  cor- 
rection. 

(*i  610.)     SEC.    16.      The   board   of    auditors   for   the   county   of  Agreement 

with  common 

Wayne  shall  have  full  power  and  authority  to  enter  into  an  agree-  £eepingf°r 
ment  with  the  common  council  of  the  city  of  Detroit,  or  with  .-  ny  au- 


;is 


ClIAPTl 


I    iWS    i:i-:i.  \T  INC,    TO    THK    CITY    OK    DETROIT. 


Mi>l  M    "I    I   OB  i;  III  [ON. 


\otii  e  •  i 
Lgreement  to 
be  published. 


Duty  of  Courts 
in  making 
sentence. 


Officers  to 
coni ey 

prisoners  to 
House  of 
Correction. 


Fees. 


Section  not  to 
apply  to 
juvenile 
offenders. 


thorized  agent  or  officer  in  behalf  of  said  city,  t<>  receive  and  keep  in 

the  Detroit  house  of  correction  any  person  or  persons  who  may  be 
sentenced  to  confinement  in  said  house  of  correction  by  any  court  or 
magistrate  in  said  county  of  Wayne,  for  the  offenses  in  this  section 
hereinafter  mentioned.  Whenever  such  agreement  shall  have  been 
made,  it  shall  be  the  duty  of  the  board  of  auditors  for  said  county  to 
give  public  notice,  in  some  newspaper  published  within  said  county, 
for  a  period  of  not  less  than  four  weeks,  and  such  notice  shall  state 
the  period  of  time  that  such  agreement  will  remain  in  force.  Upon 
the  making  of  such  agreement,  it  shall  be  the  duty  of  every  court  or 
magistrate  in  the  said  county  of  Wayne,  authorized  by  law  to  sentence  or 
commit  any  person  to  the  county  jail  of  said  county  as  vagrants,  com- 
mon drunkards,  disorderly  persons,  common  prostitutes,  or  for  as- 
sault and  battery,  petit  larceny  or  other  offenses  punishable  by  im- 
prisonment in  the  county  jail,  or  by  virtue  of  any  final  sentence  or 
conviction,  except  for  contempt,  to  sentence  such  person  to  be  con- 
fined in  the  said  house  of  correction,  there  to  be  received,  kept  and 
employed  according  to  law,  under  the  rules  and  regulations  of  said 
house  of  correction.  And  it  shall  be  the  duty  of  all  officers  having 
the  execution  of  the  final  process  of  any  court  or  magistrate  sentenc- 
ing convicted  persons  to  said  house  of  correction,  to  cause  such  con- 
victs to  be  conveyed  forthwith  to  said  house  of  correction,  and  such 
officer  or  officers  shall  be  paid  therefor  the  fees  allowed  by  law  for 
conveying  persons  to  the  county  jail;  but  this  section  shall  not  apply 
to  those  juvenile  offenders  who  by  law  may  be  sent  to  the  reform 
school  at  Lansing.  (As  amended  by  Public  Act  No.  98,  Session 
Laws  of  1879.) 


when  justices  (§611.)    Sec.  17.     It  shall  be  lawful  for  any  justice  of  the  peace, 

to  commit  to 

House  of  police  justice  or  other  magistrate  having  jurisdiction  thereof,  in  the 

Correction.  t 

County  of  Wayne  (when  such  agreement  shall  have  been  made),  or  in 
any  other  county  having  an  agreement  with  the  authorities  of  the  City 


LAWS   RELATING   TO   THE   CITY   OF    DETROIT.  319 

HOUSE  OF  CORRECT   ON.  CHAPTER    23 


of  Detroit  for  the  confinement  and  maintenance  of  convicted  persons 
in  said  House  of  Correction,  in  all  cases  of  complaints  for  vagrancy,  to 
commit  any  person,  except  such  juvenile  offenders  as  are  mentioned 
in  the  last  preceding  section,  convicted  on  such  complaint  before  such 
justice  or  magistrate,  to  said  House  of  Correction,  for  a  term  not  ex- 
ceeding six  months.  (As  amended  by  Public  Act  No.  98,  Session  Laws 
of  1879.) 

(§  612.)     Sec.  18.      Every  person   lawfully  committed    to    said  Escape  or 

breaking' 

House  of  Correction,  who  shall  escape  from  or  break  said  House  of  House  of  Cor- 
rection with 
Correction  with  intent  to  escape  therefrom,  or  who  shall  attempt  by  intent,  etc. 

any  force  or  violence,  or  in  any  other  manner  to  escape  from  said 

House  of  Csrrection,  whether  such  escape  be  effected  or  not,  shall, 

upon  conviction  thereof,  be  punished  by  confinement  in  said  House  of  Pen:ilty- 

Correction  for  a  term  not  exceeding  double  the  term  for  which  he  or 

she  was  so  sentenced,  to  commence  from  and  after  the  expiration  of 

his  or  her  former  sentence. 

(§  613.)     Sec.  19.     Upon  the  completion  and  execution  of  a  con- 
Transfer  of 
tract  for  the  confinement  and  maintenance  of  persons  liable  to  im-  females  from 

the  State 

prisonment  in  the  state  prison  in  the  said  house  of  correction,  as  pro-  Prison- 
vided  in  section  eleven  of  this  act,  it  shall  be  competent  and  lawful 
for  the  insp  jctors  of  the  state  prison  to  transfer  to  said  house  of  cor- 
rection all  females  confined  in  the  state  prison,  and  such  persons  so 
transferred  shall  be  received  into  said  house  of  correction  and  there 
confined  and  employed  for  the  unexpired  term  of  their  sentences  re- 
spectively. 

(§  614.)     Sec.  20.     The  superintendent  of  said  house  of  correc- 

Superintendent 

tion  shall  cause  to  be  kept  a  record  of  each  and  all  infractions  of  the  to  keep  record 

of  offenses 

rules  and  discipline  of  said  house  of  correction,  with  the  names  of  j?ai.n^ 

1  '  discipline. 

convict  or  convicts  offending,  and  the  date  and  character  of  each  of- 
fense;  and  every  convict  sentenced  for  one  or  more  years,   whose 


LAWS    RELATING    To   THE   CITY   <>K    DKTROIT. 


I   11  MM  IK   28.  H"l  si    01   CORK  KCTION, 


name  does  not  appear  ui)on  such  record,  shall  be  entitled  to  deduction 
of  three  days  per  mouth  from  his  or  her  sentence,  for  each  month 
they  shall  continue  to  obey  all  the  rules  of  the  said  house  of  correc- 
tion. 

(§  615.)     Sec.  21.     The  board  of  auditors  of  the  county  of  Wayne 
keeping  con-      and  the  common  council  of  the  city  of  Detroit  shall  have  full  power 

\  Lcted  persons, 

how  adjusted,  and  authority  to  settle  and  adjust,  on  such  terms  as  shall  be  agreed 
upon,  any  and  all  claims  or  demands  of  the  city  of  Detroit  against 
the  said  county  of  Wayne  for  the  board  and  expense  of  keeping  con- 
victed persons  in  the  Detroit  house  of  correction,  committed  thereto 
by  any  officer  or  magistrate  in  said  county  of  Wayne,  within  or  with- 
out the  limits  of  said  city  of  Detroit,  at  any  time  prior  to  the  time 
this  act  shall  take  effect.  (As  added  by  Public  Act  No.  98,  Session 
Laws  of  1879.) 


LAWS    RELATING   TO   THE    CITY   OF    DETROIT.  321 

HOUSE  OF  CORRECTION.  CHAPTER  23 


HOCSE   OF   CORRECTION — SUPPLEMENTARY   ACT. 

An  Act  supplementary  to  an  act  entitled  "An  act  to  establish  the  De- 
troit house  of  correction,  and  authorize  the  confinement  of 
convicted   persons   therein."     (Approved   March 
17th,  1867.     Laws  of  1867,  Vol.  I.,  p.  175.) 

(§  616.)      SECTION    1.       The  People  of  tlie    State  of  'Michigan   enact,  Females  liable 

to  State  Prison 

That  hereafter,  whenever  any  female  shall,  in  any  court  of  the  state  to  be  sent  to 

House  of 

of  Michigan,  be  convicted  of  any  crime  or  offense,  except  murder,  Correctl0n- 
which  would  under  the  existing  laws  of  this  state  subject  her  to  con- 
finement in  the  state  prison,  that  the  court  by  or  before  whom  she 
shall  be  so  convicted,  shall  sentence  her  to  confinement  in  the  Detroit 
house  of  correction,  instead  of  the  state  prison,  for  such  term  as  the 

said  court  shall  deem  just;  and  it  shall  be  the  duty  of  the  superin- Puty  ?f  the 

J  '  Superin- 

tendent of  said  house  of  correction  to  receive  and  securely  keep  all ten  ent' 

females  so  convicted,  sentenced  and  committed  to  said  house  of  cor- 
rection, until  the  term  of  her  or  their  sentence  has  expired,  or  until 
she  or  they  are  otherwise  duly  discharged  by  law  or  competent  au- 
thority. 

Commuta- 

(§  617.)     Sec.  2.     Whenever  the  sentence  of  any  female  now  con-  ^nc^aF**" 
fined,  or  that  shall  hereafter  be  confined,  in  the  state  prison,  shall  be  confinement 

in  the  Detroit 

by  the  governor,  or  other  competent  authority,  commuted  to  confine-  House  of 

Correction. 

ment  for  any  period  in  the  Detroit  house  of  correction,  it  shall  be  the 
duty  of  the  agent  of  said  state  prison  to  at  once  transmit  such  person 
in  proper  and  safe  custody  to  the  superintendent  of  said  house  of 
correction,  whose  duty  it  shall   be  to  receive  and  safely  keep  her  in 


l.WVS    Kll.ATINC    TO    THE    CITY   OF    DETROIT. 
CRAPTKB    18.  HOUSE    OJ    CORRECTION. 


said  house  of  correction  until  the  expiration  of  her  sentence  as  com 

muted,  or  until  she  is  otherwise  discharged  by  due  process  of  law  or 

I  sDectorsof      competent   authority.      And    the    board   of    inspectors   of    the    state 

contract  with      prison  are  hereby  authorized   and  empowered   to  contract  with   the 

1  louse  of 

Correction.         board  of  inspectors  of  said  house  of  correction  for  the  maintenance 

at  said  house  of  correction  of  persons  sentenced  pursuant  to  the  pro- 
Proviso,  visions  of  this  section:     Provided,  That  the  compensation  shall   not 
exceed  one  dollar  per  week.     (As  amended  by  Public  Act  No.  67, 
Session  Laws  of  1879.) 

Confinement  (§  618.)     Sec.   3.     Hereafter,  when  any  person  found  guilty  of 

in  House  of 

Correction  for     disorderly  conduct  or  breach  of  the  peace  by  any  court  of  said  state, 

not  giving  n  ill 

to  state  Court  -m  any  coimtV)  uaving,  with  the  city  of  Detroit  or  its  duly  authorized 
agent,  an  agreement  such  as  is  specified-and  provided  for  in  section 
eight  of  said  act,  to  which  this  is  amendatory,  shall  be  sentenced  to 
give  bail  for  good  behavior,  or  upon  other  condition,  it  shall  be  com- 
petent for  the  court  by  or  before  which  such  person  is  convicted,  to 
sentence  her  or  him  to  confinement  in  said  house  of  correction  for 
the  non-giving  of  or  until  such  bail  is  given,  and  the  superintendent  of 
said  house  of  correction  shall  receive  and  safely  keep  the  person  so 
committed  until  the  term  of  commitment  has  expired,  or  until  he  is 
served  with  a  certificate  signed  by  a  circuit  judge  of  the  circuit  in 
which  is  included  the  county  where  such  person  was  convicted,  stat- 
ing that  by  giving  of  bail,  or  otherwise,  the  terms  of  the  sentence  or 
commitment  of  such  person  have  been  complied  with. 

(§  619.)  Sec.  4.  Whenever  any  court  of  the  United  States  (sit- 
ting in  1  his  state),  or  any  officer  thereof,  shall  order  or  sentence  any 
person  upon  conviction  to  be  confined  in  the  Detroit  house  of  correc- 
tion for  any  period  of  time,  or  for  want  of  bail,  or  for  any  other 
cause,  it  shall  be  the  duty  of  the  superintendent  to  receive  such  per- 
son and  him  or  her  safely  keep  until  the  terms  of  such  order  or  sen- 


LAWS   RELATING    TO   THE   CITY    OK   DETROIT.  323 

ROUSE  OF  CORRECTION.  CHAPTER   23 


tence  are  fully  complied  with,  and  it  shall  be  the  duty  of  the  super- 
intendent safely  and  securely  to  keep  all  such  persons  as  have  hereto- 
fore been  received  by  him  by  virtue  of  any  process,  order  or  sentence 
of  any  court,  of  the  United  States,  or  any  officer  thereof,  in  com- 
pliance with  such  process,  order  or  sentence.  (As  amended  by  act 
approved  May  20,  1893.) 

(?  620.)     Sec.  5.     All  laws  now  in  force,  applicable  to  persons  Lawsappi i- 

v  rr  r  cable  to 

confined  in  the  state  prison,  shall  be  and  are  hereby  made  applicable  House  of  Cor- 
rection same 
to  all  persons  who  are,  or  hereafter  shall  be  confined  in  said  house  of  as  in  State 

Prison. 

correction,  who  have  been  transferred  to  said  house  from  the  state 
prison,  or  who  shall  be  sentenced  to  confinement  in  said  house,  on 
conviction  of  any  offense  punishable  by  confinement  in  the  state 
prison. 

(S  621.)     Sec.  6.     All  acts  and  parts  of  acts  inconsistent  with  the 

Acts  repealed. 
provisions  of  this  act  are  hereby  repealed. 

(§  622.)  Sec.  7.  No  person  shall  be  confined  in  the  said  Detroit 
house  of  correction  sentenced  from  any  other  state  or  territory,  or  by 
any  United  States  court  sitting  in  any  other  state  or  territory  than  the 
state  of  Michigan:  Provided,  ho-vever,  That  this  act  shall  not  in  any 
way  affect  the  confinement  of  any  person  heretofore  sentenced  and 
undergoing  imprisonment  in  said  Detroit  house  of  correction.  (As 
added  by  act  approved  May  20,  1893.) 

(§  623.)  Sec.  8.  It  shall  not  be  lawful  for  the  authorities  of  the 
said  house  of  correction  to  employ  any  free  labor  in  or  about  such 
institution,  except  such  as  may  be  necessary  for  the  control  and  man- 
agement of  such  house  of  correction  and  the  care  and  detention  of 
the  persons  confined  therein.  (As  added  by  act  approved  May  20, 
1893.) 


324  LAWS    RELATING    TO   THE   CITY  OF  DETROIT. 

Chapter  •-':>.  hoi  si  01  i  oh  R  1 1  tk>\. 


SUPPLEMENTAL   ACT. 


An  Act  to  provide  for  the  imprisonment  and  detention  of  convicted 

persons  in  the  Detroit  house  of  correction.     (Act 

approved  April  3,  1869.) 


No  Circuit  (§  624.)      Section  1.      The  People  of  the  State  of  Michigan  enact, 

Court  Com 

missioner  of       That  no  circuit  court  commissioner  in  the  couuty  of  Wayne   shall 

Wayne  County 

writ'  or  habeas    graQt  a  writ  of  habeas  corpus  or  certiorari,  to  inquire  into  the  cause  of 

corpus  or  .  ... 

certiorari  to       the  detention  or  restraint  ot  the  liberty  ot  any  person  who  is  lm- 

inquire  into 

cause  of  deten-  prisoned,  detained  or  restrained  of  his  liberty  upon  criminal  process, 

tion. 

whether  final  or  otherwise;  and  if  under  a  petition  which  does  not 
disclose  that  the  person  in  whose  behalf  the  writ  is  applied  for  is  so 
imprisoned,  detained  and  restrained,  said  commissioner  grants  said 
writ,  he  shall  remand  said  person  into  custody,  if  return  is  made  to 
said  writ  that  said  person  is  so  imprisoned,  detained  or  restrained,  and 
„  ,       ,  shall  discontinue  all  proceedings  under  said  writ.     Any  order  of  said 

Order  of  ° 

sionertodis-      commissioner  to  discharge  a  prisoner  or  person  charged  with  or  con- 
charge  void. 

victed  of  a  crime  or  misdemeanor,  shall  be  void,  and  any  officer  or 
Misdemeanor 
to  obey.  other  person  obeying  the  same  shall  be  guilty  of   a  misdemeanor. 

Commissioner    Said  commissioner  shall  in  no  case  inquire  into  the  validity  of  the 
shall  not  in- 
quire into  vai-    commitment,  or  other  process  by  which  prisoners  convicted  or  charged 

idity  "f  com- 
mitment, etc.      wjth  offenses  are  imprisoned  or  detained,  nor  shall  said  commissioner 


let  any  person  charged  with  an  offense  to  bail. 


LAWS   RELATING   TO    THE   CITY   OK    DETROIT.  325 

HOUSE  OF  CORRECTION.  CHAPTER   23 


Who  may 


(§  625.)     Sec.  2.     Any  justice  of  the  supreme  court,  the  judge  of 
the  circuit  court  of  Wayne  county,  any  circuit  judge  of  the  state,  and  ff^^a's 

corpus  and 

the  recorder  of  the  city  of  Detroit   may  grant  wi its  of  habeas  corpus  certiorari. 
and  certiorari  in  criminal  cases  in  the  county  of  Wayne. 

(§  626.)     Sec.  3.     No  person  shall  be  released  from  custody  when  When  release 

from  custody 

the  return  to  a  writ  of  habeas  corpus  alleges  that  the  person  in  whose  shall  not 

be  made. 

behalf  said  writ  was  issued  is  convicted  by  a  court  or  officer  of  compe- 
petent  jurisdiction,  of  a  crime  or  misdemeanor,  or  is  committed  to  im- 
prisonment to  find  sureties  of  the  peace,  by  reason  of  any  defect  or  in- 
formality in  the  process  by  which  said  person  is  committed  °y  said  Court  ol.  :udgei 

,  .      ,  +,  -i      i      n  i      granting;  writ 

court  or  officer;  but  the  court  or  judge  granting  the  writ  shall  only  fhahoniy in- 
quire into  truth 
inquire  into  the  truth  of  the  return,  and  determine  whether  the  court,  of  return,  etc. 

or  officer  under  whose  judgment,  order  or  finding  said  person  is  so 

imprisoned,  or  committed,  has  acted  within  the  jurisdiction  of  said 

court  or  officer.     No  person  committed  to  prison  for  trial  shall  be  dis- 

Defect  in 

charged  by  reason  of  defects  in  the  process  committing  him.     When-  Process- 
ever  the   process  by  which   a  person  convicted  or  committed,  and  is  when  process 

is  defective, 

held  in  the  jail,  house  of  correction  or  other  prison,  is  defective  in  judge,  etc., 

may  remand 

any  respect,  but  has  been  issued  by  a  court  or  officer  of  competent  J^ttimus* 
jurisdiction,  in  the  exercise  of  that  jurisdiction,  the  court  or  judge 
granting  the  writ  of  habeas  corpus  shall  remand  the  person  in  whose 
behalf  said  writ  was  issued,  by  a  mittimus  under  the  seal  of  said 
court,  or  the  hand  and  seal  of  said  judge,  commanding  the  proper 
officer  to  keep  the  said  person  in  custody  in  accordance  with  the 
judgment,  order  or  commitment  of  the  cyurt  or  officer  by  whose  judg- 
ment, order  or  commitment  said  person  is  imprisoned,  and  said  mitti- 
mus shall  be  and  stand  in  the  place  of  the  process  so  defective.     The  Act  .ipplies 

.    .  ,  .  ,i  i  .i  e  tit  i  to  W'avne 

provisions  of  this  act  shall  apply  to  the  county  ot  Wayne  only.  County  only. 


}* 


LAWS   RELATING    To   TllK   CITY    OF   DETROIT. 


Ch  \r  i  i  B  S3 


mil  si    in    c  OB  RECTION, 


Imprisonment 

of  cum  icteil 

prostitutes, 


To  wliom 
complaints 
made  in  cities, 


In  townships, 
villages,  etc. 


Duty  of  lustier 
of  the  Peace. 


Duty  of 
County  Clerk. 


Dutjr  of 

Sheriff,  etc. 


(§  (i'27.)  Sec.  4.  Every  person  more  than  fifteen  years  of  age 
who  is  a  common  prostitute  shall,  upon  conviction  thereof,  be  pun- 
ished by  imprisonment  in  the  Detroit  house  of  correction  for  a  term  of 
three  years.  Complaints  under  this  section  may,  in  cities  having  a 
poliv  e  ju-tice,  be  made  to  said  police  justice,  who  shall  hear,  try  and 
determine  the  same.  In  the  townships,  villages  and  cities  which  have 
no  police  justice,  said  complaints  shall  be  made  to  a  justice  of  the 
peace,  who  shall  hear,  try  and  determine  the  same;  but  said  justice  of 
the  peace  shall,  within  thirty  days  after  he  has  determined  the  said 
complaint,  if  the  said  person  is  found  guilty,  file  in  the  office  of  the 
county  clerk  of  his  county  copies  of  all  the  proceedings  under  the 
same,  and  of  the  testimony,  which  copies  shall,  by  the  said  clerk,  be 
forthwith  submitted  to  the  circuit  judge  of  said  county,  who  shall,  in 
writing,  approve  or  disapprove  of  the  finding  of  said  justice  of  the 
peace,  which  approval  or  disapproval  shall  be  filed  by  said  judge  in 
the  office  of  said  clerk,  and  shall  be  final.  If  said  judge  disapproves 
of  said  finding,  the  clerk  shall  certify  the  same  under  the  seal  of  the 
circuit  court,  to  the  superintendent  of  said  house  of  correction,  and 
said  superintendent  shall,  upon  the  receipt  of  the  certificate,  release 
the  person  in  whose  case  it  is  made.  It  is  hereby  made  the  duty  of 
anjr  sheriff,  constable  or  superintendent  of  police  in  this  state,  to  serve 
said  certificate  upon  the  requisition  of  the  said  clerk,  on  the  superin- 
tendent of  said  house. 


Powers  of 
Inspectors  of 
of  Detroit 
House  of 
Correction 
to  establish 
rules,  etc. 


(§  628.)  Sec.  5.  The  inspectors  of  the  Detroit  house  of  correc- 
tion may  establish  rules  and  regulations  under  which  women  confined 
in  the  said  house  by  virtue  of  the  preceding  section  may,  upon  re- 
formation, or  marked  good  behavior,  be  absolutely  discharged  from 
imprisonment  therein,  or  be  released  conditionally  from  residence  in 
said  house  before  their  term  of  imprisonment  has  expired,  which 
rules  and  regulations  shall  be  approved  by  the  circuit  judge  of  the 


LAWS    RELATING   TO   THE   CITY   OK    DETROIT.  327 


HOUSE  OK  CORRECTION.  CHAPTER   23 


county  of  Wayne,  and  the  recorder  of  the  city  oi  Detroit:  Provided,  Proviso. 
That  the  person  released  conditionally  may  at  any  time  before  the  ex- 
piration of  their  term  of.  imprisonment  be  returned  to  a  residence  in 
said  house  under  and  by  the  written  order  of  the  said  inspectors, 
which  order  shall  be  authority  for  any  officer  of  said  house,  sheriff  or 
policeman  to  arrest  or  return  said  persons. 

(§  629.)     Sec.  6.     It  shall  be  lawful  for  all  courts  of  record  hav-  ^IZZ  oi 

,-^r-i-  jn         i"         •  Record,  etc., 

ing  criminal  jurisdiction  in  the  state  of  Michigan,  and  all  police  j us-  to  sentence 

female 

tices  and  justices  of  the  peace  in  said  state,  in  the  exercise  of  their  offenders  of 

J  r  certain  agfe  to 

criminal  jurisdiction,  to  sentence  female  offenders,  who  are  not  more S^JreaTon! 
than  fifteen  years  of  age,  to  the  Detroit  house  of  correction;  there  to 
remain  and  be  kept  until  they  are  twenty-one  years  of  age.  The  age 
of  said  offenders  shall  be  ascertained  to  the  satisfaction  of  the  court  "°^f*ed. 
or  officers  sentencing  said  persons,  and  certified  to  the  superintendent 
of  said  house,  who  shall  receive  and  keep  them  until  they  are  twenty- 
one  years  of  age. 

(?  630  )    Sec    7.     Whereas,  There  is  connected  with  said  house  Girls  under 

u'  '  fifteen  shall 

of  correction,  as  a  department  thereof,  a  house  of  shelter,  for  the  edu-  \\^^*-™ 
cation  and  reformation  of  females;  therefore,  the  inspectors  of  said 
house  shall  adopt  rules  and  regulations  by  which  girls  under  fifteen 
years  of  age,  sent  to  said  house  under  this  or  any  other  law,  shall  be 
kept  in  said  house  of  shelter,  and  shall  not,  except  they  are  refractory 
and  incorrigible  in  their  conduct,  be  imprisoned  in  the  other  depart- 
ment of  the  said  house  of  correction,  to  be  subject  to  the  restraints 
which  govern  adult  prisoner:-. 

(6  631  )     Sec.  8.     Courts  of  record,  the  police  court  of  the  city  of  Jurisdiction  of 

Courts  of 

Detroit,  and  justices  of  the  peace  in  the  county  of  Wayne,  in  the  ex- co^ '0f ohce 

/-  Detroit  and 

ercise  of  their  criminal  jurisdiction,  shall  sentence  all  female  offenders  justices  of 

the  Peace  in 

who  are  under  fifteen  years  of  age  to  the  said  house  of  correction,  Wayne  County. 


,-s 


LAWS    RELATING    TO   THE   CITY   OF    DETROIT. 


Chapter  •,':!. 


lien  SI   01   i  OH  R  EC  I  ii  IN. 


there  to  remain  and  be  kept  until  they  attain  the  aye  of  twenty-one 
years.  The  aye  of  such  offender  shall  be  ascertained  and  certified  as 
provided  in  section  six  of  this  act. 

Girls  under  (fi  632.)     Sec.  9.     Any  eirl  under  the  age  of  fifteen  years,  who  is 

fifteen  may  vo  J  °  °  J 

sentenced  to  the  house  of  correction  until  she  is  twenty-one  years  of 
age,  may  be  discharged  therefrom  at  any  time  during  her  term  of  im- 
prisonment, under  such  rules  and  regulations  as  the  inspectors  of  said 
house  may  adopt. 


Superintend- 
ent's report. 


Contents. 


(i  033.)  Sec.  10.  The  superintendent  of  said  house  shall,  in 
December  of  each  year,  report  to  the  governor — 

First — The  number  and  age  of  all  persons  confined  therein; 

Second — Their  term  of  imprisonment; 

Third — The  cause  of  imprisonment; 

Fourth — The  number  of  persons  discharged  and  the  reasons  why, 
and  all  other  facts  which  he  may  deem  necessary  to  explain  the  con- 
dition and  necessities  of  said  house. 


Forms   of 

commitment. 


Of  common 
prostitute. 


(§  634.)  Sec.  11.  The  following  forms  of  commitment  of  prison- 
ers sentenced  under  this  or  any  other  law  of  this  state,  to  the  house  of 
correction,  by  a  police  justice  or  a  justice  of  the  peace,  shall  be  suffi- 
cient; 

First — Commitment  of  a  common  prostitute: 
County — ss. 


To  the  superintendent  or  any  patrolman  of  the  metropolitan  police  of 
the  city  of  Detroit,  and  the  superintendent  of  the  Detroit  house  of 
correction,  greeting: 

Whereas,  After  trial,  upon  a  complaint  duly  taken  by  me, ,* 

of ;  in  said  county,  was  convicted  of  being  a  common  prosti- 
tute, and  was  by  me  sentenced  to  be  imprisoned  in  the  Detroit  house 
of  correction  for  three  years,J  from  and  including  this day  of 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT.  329 


HOUSE  OF  CORRECTION'.  CHAPTER  23 


,  A.  D.  18—.      Now,  therefore,  you,  the  said  —     — ,  superintend- 
ent, or  any  patrolman  of  said  police,  are  hereby  required  to  convey 

said  to   said   house  of   correction,    and  deliver  her   into  the 

custody  of  the   superintendent  thereof  ;  and  you,   the  said   superin- 
tendent of  said  house,  are  commanded   to  receive  said into 

your  custody,  and  her  there  safely  keep  until  the  expiration  of 
said   three    years,   or    until   she  is    discharged    in    accordance   with 

law.     Given   under   my  hand,   at   the   city   of  Detroit,   this day 

of ,  A.  D.  18—. 

Second—  Girls  under  fifteen  years  of  age,  the  same  form  as  above,  Girls  under 

*  fifteen. 

except  that  after  the  name  of  the  person  committed,  and  before  the** 

the  words:    "Who  is  hereby  certified  to  be  of  the  age  of 

years,  and on  this  day,"  shall  be  inserted,  and  in  lieu  of  the 

words  "three  years,"  before  the  J,  the  words:  "until  she  shall  attain, 
the  age  of  twenty-one  years,"  shall  be  inserted,  and  the  words  "from 
and  including  the  day  of ,  A.  D.  18—,"  shall  be  omitted. 


Third— "The  same  form  of  commitment  shall,  as  near  as  may  be,  ^s^rly 
be  used  in  the  cases  of  disorderly  persons. 

Fourth — In  cases  arising  out  of  the  city  of  Detroit,  the  said  com-  When  outside 

°  J  of  city,  to  whor 

mitment  shall  be  addressed  to  "the  sheriff,"  or  in  towns  or  cities  hav-  ad,lressed- 
ing  a  police  force,  to  the  superintendent  or  other  authorized  officer  of 
the  force.     (Approved  April  3,  1869.) 


33° 


in  m-  11  k  28. 


LAWS    RKI.ATINC,    To     I'HK    CITY    ()!•'    DETROIT. 


[IOUSl    cil-   CORKECTION. 


CONFINEMENT   OF   CERTAIN    PRISONERS. 

An  Act  to  provide   for  the   confinement   of  certain   prisoners  in  the 
Detroit  House  of  Correction. 

n-iu'ciUo >tr"  (8  635.)     SECTION  1.        The  People  of  the  State    of   Michigan  enact, 

County  jail 

may  be  trans-     That  all  female  prisoners,  who  heretofore  have  been  or  shall  hereafter 

fei  rd  to  House 

of  Correction.  ^e  sentenced  to  imprisonment  in  the  common  jail  of  any  county  for  a 
longer  period  than  ninety  days,  in  those  counties  where,  at  the  time  of 
such  sentence,  no  contract  had  been  made  for  the  confinement  of 
prisoners  from  such  counties  in  the  Detroit  House  of  Correction,  upon 
the  order  of  the  judge  of  the  judicial  circuit  to  which  said  county  is 
attached,  may  be  immediately  conveyed  to  the  Detroit  House  of  Cor- 
rection to  serve  out  the  remainder  of  their  sentences  as  soon  as  such 
a  contract  shall  be  made  between  said  counties  and  said  Detroit  House 
of  Correction:  Provided,  That  the  unexpired  portion  of  said  sentence 
is  not  less  than  sixty  days. 

Sheriff  to  con-  g  63g  v     gE(    2      Upon   being   informed  of    such   contract  the 

vey  female  v?>  >  l  ° 

House"?  sheriff  of  such  county  may  immediately,  upon  receipt  of  the  certificate 

Correction, 

when  contract    of  the  judge,  as  above  provided,  convey  such  prisoners  to  the   Detroit 

made. 

House  of  Correction,  and  the  commitment  directed  to  the  sheriff  of 
such  county  shall  be  sufficient  warrant  for  the  reception  and  confine- 
ment of  such  prisoners  in  the  Detroit  House  of  Correction. 

This  act  is  ordered  to  take  immediate  effect. 


(Approved  February  5,  188ri 


LAWS   RELATING   TO   THE   CITY   OF    DETROIT.  331 

IIOISE    (II     COORECTION.  CHAPTER   23 


CONFINEMENT   OF    CONVICTED   PERSONS. 

An  Act  relative  to  the  confinement  of  convicted  persons  in  the  Detroit 

House  of  Correction  and  the  State  House  of  Correction  and 

Reformatory  at  Ionia. 

(§  637.)     Section  1.      The  people  of  the  State  of  Michigan  enact ,  Persons  for 

first  offense 

That  anv  court  of  criminal  jurisdiction  in  this  state  shall  have  power,  niayr be  sen] 

J  r  '  to  House  of 

in  the  discretion  of  the  court,  to  sentence  any  male  person,  convicted  instead  of 

State  Prison. 

for  the  first  time  of  any  offense  (rape,  murder  and  treason  excepted) 
punishable  by  imprisonment  in  the  state  prison,  to  imprisonment  in 
the  state  house  of  correction  and  reformatory  at  Ionia,  or  the  Detroit 
House  of  Correction,  instead  of  the  state  prison,  and  every  such  per- 
son so  sentenced  shall  be  received  into  the  said  house  of  correction, 
and  shall  be  kept  and  employed  therein  in  the  manner  prescribed  by 
law,  and  shall  be  subject  to  the  rules  and  discipline  of  said  house  of 
correction:  Provided,  That  no  charge  against  any  county  nur  the 
state  shall  be  allowed  for  tha  maintenance  of  persons  sentenced  to 
said  Detroit  House  of  Correction:  And  provided,  further,  That  on  the 
discharge  of  prisoners  at  the  expiration  of  their  terms  of  imprison- 
ment in  Baid  Detroit  House  of  Correction  they  shall  be  returned  to 
their  homes  in  the  state,  if  known,  at  the  expense  of  the  Detroit  House 
Of  Correction. 

This  act  is  ordered  to  take  immediate  effect. 

(Approved  April  19,  1887.) 


;;•  i.aws    RELAXING    XO    I" ill*;   CITY   OF   DETROIT. 

Chapter  23  housi  oi  correction. 


CONFINEMENT   OK   PERSONS   VIOLATING   ORDINANCES. 

An  Act  to  provide  for  the  confinement  of  persons  who  may  be  found 

guilty  of  the  violation  (of  a  village)  ordinance  or  ordinances 

in  incorporated  villages  in  the  connty  of  Wayne 

in  this  state. 

For  violation  (§  638.)     Section  1.      The  People  of  the  State  of  Michigan  enact-, 

of  village 

ordinances         That  anv  person  convicted  of  the  violation  of  the  ordinances  of  any 

persons  may  be 

Hcmseof"         incorporated  village  in  the  county  of  Wayne  in  this  state,  may,  by  any 

Correction.  ......  „, 

magistrate  of  competent  jurisdiction  of  the  offense,  be  sentenced  to  the 
house  of  correction  in  the  city  of  Detroit,  for  a  period  of  not  less  than 
thirty  nor  more  than  ninety  days:  Provided,  The  common  council  or 
board  of  trustees  of  the  village  shall  have  made  a  contract  with  said 
house  of  correction  in  the  city  of  Detroit  for  the  care  of  such  prisoners. 

Expenses  (g  639.)     Sec.  2.      All    expenses   in   the   transportation   of   such 

how  paid. 

prisoners,  and  all  charges  of  said  house  of  correction  shall  be  audited 
and  paid  out  of  the  contingent  fund  of  said  village,  and  sball  in  no 
case  be  a  charge  against  the  county  in  which  said  village  is  situated. 

This  act  is  ordered  to  take  immediate  effect. 

(Approved  June  24,  1887.) 


LAWS   RELATING   TO   THE    CITY   OF    DETROIT.  333 

HOUSE   OF   CORRECTION.  CHAPTER  23 


PRISONERS     COMMITTED    OR    SENTENCED     BY     COURTS     OF    THE    UNITED 
STATES    OR    OF    THE    TERRITORIES    THEREOF. 

An  Act  relative  to  the  confinement  in  this  state  of  prisoners  com- 
mitted or  sentenced  by  the  United  States  or 
of  the  territories  thereof. 

(§  640.)  SECTION  1.  The  People  of  the  State  of  Michigan  enact, ^ractwith V 
That  it  shall  be  lawful  for  the  board  of  inspectors  or  other  officers  states. 
having  charge  of  any  person  or  penal  institution  in  this  state  to  con- 
tract with  the  government  of  the  United  States,  or  its  duly  authorized 
officers  or  agents,  for  the  confitiement  of  such  person  or  penal  institu- 
tion of  persons  committed  or  sentenced  to  confinement  or  imprison- 
ment by  the  circuit  courts  of  the  United  States  or  district  courts  of 
the  United  States,  for  this  or  any  other  state  or  the  territories  of  the 
United  States:  Provided,  That  the  compensation  to  be  said  therefor 
by  the  United  States  shall  not  be  less  than  one  dollar  a  week  for  each 
person:  And  provided,  further,  That  the  United  States  shall  at  its 
own  expense  return  such  prisoners  when  discharged  from  confine- 
ment to  the  state  or  territory  from  which  they  come.  (Approved  June 
20,  1889.) 


334  LAWS    RELATING    TO   THE   CITY   OE    DETROIT. 

Chapter  S3  house  oi  correction. 


CONFINEMENT   OF    DISORDERLY    PERSONS. 

An  Act  relative  to  disorderly  persons, and  to  repeal  chapter  fifty-three 

of  the  Compiled  Laws  of  1871,  as  amended  by  the 

general  acts  amendatory  thereof. 

confinement  (.2  641.)    Section  2.     Any  person  complained  of  as  being  a  dis- 

of  disord.  r  ies 

in  House  of       orderly  person,  and  who  shall  be  convicted  or  shall  plead  guilty,  shall 

Correction. 

be  punished  by  a  fine  not  exceeding  fifty  dollars  and  costs  of  prosecu- 
tion, or  by  imprisonment  in  the  county  jail  or  the  Detroit  house,  of 
correction  not  exceeding  thirty  days,  or  he  may  be  required  to  enter 
into  a  recognizance  with  sufficient  sureties  for  his  good  behavior  for 
the  term  of  three  months.  Any  person  who  shall  be  convicted  a  sec- 
ond time  of  being  a  disorderly  person,  the  offense  being  charged  as  a 
second  offense,  shall  be  punished  by  a  fine  not  exceeding  one  hundred 
dollars  and  costs  of  prosecution,  or  by  imprisonment  in  the  county 
jail  or  the  Detroit  house  of  correction  not  less  than  thirty  days  nor 
more  than  three  months;  and  for  a  third  and  all  subsequent  convic- 
tions, the  offense  being  charged  as  a  third  or  subsequent  conviction, 
the  punishment  shall  be  a  fine  not  exceeding  one  hundred  dollars  and 
costs  of  prosecution,  or  imprisonment  in  the  county  jail  or  the  De- 
troit house  of  correction  or  the  state  house  of  correction  and  reforma- 
tory at  Ionia  not  less  than  six  months,  nor  more  than  two  years: 
Provided,  That  if  any  male  person  shall  be  convicted  of  being  a  dis- 
orderly person  before  any  justice  of  the  peace  or  circuit  court  in  the 
Upper  Peninsula,  such  person,  if  sentenced  to  imprisonment,  shall  be 
sent  to  the  state  house  of  correction  and  branch  of  the  state  prison  in 
the  Upper  Peninsula,  or  the  county  jail,  as  the  justice  or  court  before 
whom  the  case  is  tried  shall  deem  best.  (Part  of  act  No.  264,  ap- 
proved July  5,  1889.) 


CHAPTER  XXIV. 

POLICE    COURT. 

An  Act  to  establish  the   police  court  of   the  city  of  Detroit.     (Ap 
proved  June  9th,  1885.) 

SECTION  1.      The  People  of  the  State  of  Michigan  encict}Court 

established. 
That  on  and  after  the  fourth  day  of  July,  A.  D.  eighteen  hundred  and 

eighty  six,  there  shall  be  in  the  city  of  Detroit  a  court  which  shall 

consist  of  two  police  justices,  and  which  shall  be  known  and  desig 

nated  as  "The  police  court  of  the  city  of  Detroit." 

(§  643.)  Sec.  2.  The  first  election  for  said  police  justices  shall  justices"  ° 
be  held  on  the  Tuesday  next  succeeding  the  first  Monday  in  Novem- 
ber in  the  year  eighteen  hundred  and  eighty-five,  when  there  shall  be 
elected  by  the  qualified  electors  of  the  city  of  Detroit  two  police 
justices,  whose  term  of  office  shall  commence  on  the  fourth  day  of 
July,  in  the  year  eighteen  hundred  and  eighty-six,  and  shall  continue 
as  follows,  namely:  One  term  for  a  period  of  two  }rears,  and  one 
term  for  a  period  of  four  years.  At  this  election  the  electors  shall, 
with  the  names  of  the  persons  for  whom  they  intend  to  vote  for  police 
justice,  designate  upon  their  ballots  the  terms  of  office  they  intend 
such  persons  to  hold,  substantially  in  manner  following,  namely: 

For  police  justice — Term  of  two  years (Name  of  candidate.)      Ballots. 

For  police  justice — Term  of  four  years.  . . .  (Name  of  candidate.) 

The  person  for  whom  the  greatest  number  of  legal  votes  shall  be 
cast  for  police  justice  for  any  one  of  said  terms  shall  be  deemed  and 
declared  elected  police  justice  for  such  term.  On  the  Tuesday  after 
the   first  Monday  in   November,  in  the  year  eighteen  hundred  and 


336 


1.  wvs    RELATING    To   THE   CITY   OK   DETROIT. 


I'm  \r\  I  K  34. 


r  >i  i.   i     i  hi  H  I . 


eighty  seven,  and  on  the  same  day  iu  every  second  year  thereafter 
there  shall  in-  elected  in  the  city  of  Detroit  a  police  justice,  who  shall 
hold  office  l'ir  a  term  of  lour  years,  commencing  on  the  fourth  day  of 
July,  of  the  year  next  succeeding.  In  case  of  a  vacancy  in  the  office, 
of  police  justice,  the  common  council  of  the  city  of  Detroit  shall,  as 
soon  as  practicable,  order  a  special  election  to  fill  such  vacancy,  in 
like  manner  as  at  the  time  is  provided  by  law  in  case  of  a  vacancy  in 
the  office  of  mayor  of  said  city;  but  no  such  special  election  for  po- 
lice justice  shall  be  held  within  the  three  months  next  preceding  the 
time  herein  appointed  for  the  regular  election  of  a  police  justice,  un- 
less there  be  more  than  one  vacancy,  in  which  case  the  common  coun- 
cil may,  in  its  discretion,  order  such  special  election  to  be  held  within 
the  said  three  months.  The  provisions  of  law  relative  to  holding 
elections  for  city  officers  in  said  city,  canvassing  the  votes  and  making- 
returns  thereof,  and  the  disposition  of  and  action  upon  such  returns 
shall,  as  far  as  applicable,  regulate  and  apply  to  all  elections  for  said 
police  justices.  Whenever  an  election  held  under  the  provisions  of 
this  act  shall,  from  any  cause,  occur  on  the  same  day  with  an  election 
held  under  the  charter  of  the  city  of  Detroit  for  mayor,  city  clerk, 
city  attorney,  treasurer,  and  councilmen,  or  for  any  one  or  more  of 
said  city  officers,  the  names  of  the  persons  voted  for  for  police  justice 
shall  be  placed  on  the  same  ticket,  or  ballot  with  the  names  of  those 
voted  for  for  the  city  offices  afoiesaid. 


Clerk  of 
Court. 


Assistants. 


(§  644.)  Sec.  3.  There  shall  be  a  clerk  of  said  police  court,  and 
also  such  assistant  clerks  as  the  common  council  of  said  city  may  a^ 
any  time  after  the  passage  of  this  act  by  ordinance  prescribe,  but  no 
amendment  or  repeal  of  such  ordinance  shall  have  the  effect  to  re- 
move any  assistant  clerk  from  office  during  the  term  for  which  he  is 
appointed.  The  clerk  and  assistant  clerks  of  the  police  court  shall 
be  appointed  by  the  police  justice  whose  term  of  office  shall  first  ex- 
pire, as  soon  as  practicable  after  the  fourth  day  of  July,  A.  D.  eighteen 


LAWS   RELATING   TO    THE   CITY   OF    DETROIT.  337 

POLICE    COURT.  CHAPTEK    24 


hundred  and  eighty- six,  and  after  the  fourth  day  of  July  in  every 
second  year  thereafter,  and  they  shall  hold  office  for  a  term  of  two 
years,  commencing  on  the  first  day  of  August  in  the  year  in  which 

Term  of 

they  are  appointed,  and  until  their  successors  are  appointed  and 
qualified:  Provided,  however,  That  the  persons  appointed  chief  and 
assistant  clerks  in  the  year  eighteen  hundred  and  eighty-six  shall  hold 
such  offices  and  shall  execute  the  powers  and  perform  the  duties 
thereof  during  so  much  of  the  month  of  July  of  sard  year  as  may 
remain  unexpired  at  the  time  of  their  appointment  and  qualification. 
In  case  of  vacancy  in  the  office  of  clerk  or  assistant  clerk  of  the  po-  ^  acancies- 
lice  court,  the  same  shall  be  filled  by  appointment  in  like  manner  as 
above  provided,  and  the  person  appointed  to  fill  such  vacancy  shall 
hold  office  for  the  remainder  of  the  unexpired  term,  and  until  his 
successor  is  appointed  and  qualified.  Memoranda  of  such  appoint- 
ments shall  be  entered  in  the  journal  of  the  proceedings  of  the  police 
court,  and  shall  be  signed  by  the  police  justice  making  such  appoint- 
ment, and  certificates  of  such  appointments,  signed  in  like  manner 
shall  be  by  him  transmitted  to  the  city  clerk  of  said  city,  who  shall 
file  and  preserve  the  same  in  his  office,  and  notify  the  common  coun- 
cil of  said  city  of  such  appointments. 

(J  645.)     Sec.  4.     No  person  shall  be  eligible  to  the  office  of  po- 
lice justice  or  to  the  office  of  clerk  or  assistant  clerk  of  said  police 

Qualifications 

court  unless  at  the  time  of  his  election  or  appointment  he  shall  be  a°f  justice, 
citizen  of  the  United  States  and  of  the  state  of  Michigan,  and  a  resi- 
dent elector  of  the  city  of  Detroit.     Said  police  justices  shall  be  at- 
torneys-at-law,  authorized  to  practice  in  the  supreme  court  of  this 
state.     The  police  justices,  the  clerk  and  assistant  clerks  of  the  police 

Oath  of 

court  shall,  before  entering  upon  the  duties  of  their  respective  offices,  clerks, 
take  and  subscribe  the  oath  of  office  prescribed  by  the  constitution  of 
this  state  before  some  officer  authorized   by  the  law  to  administer 
oaths,  and  shall  deposit  the  same  with  the  city  clerk,  who  shall  file 


338  CAWS   RELATING   TO   THE   CITY    OF   DETROIT. 

Ch  wti  k  84.  i'oi.h  1    co)  hi. 


and   preserve  the  same  in  his  office.     The  said  clerk   and  assistant 
clerks,  before  entering  upon  the  duties  of  their  respective  offices, 
shall  each  give  his  bond  to  the  people  of  the  state  of  Michigan  in  the 
penal  sum  of  two  thousand  dollars,  with  two  sufficient  sureties,  to  be 
approved  by  the  controller  of  said  city,  conditioned  for  the  honest 
and  faithful  discharge  of  the  duties  of  his  office.     Such  bond  shall 
be  deposited  with  the  controller,  who  shall  file  and  preserve  the  same 
in  his  office,  and  inform  the  common  council  and  the  board  of  educa- 
tion of  the  city  of  Detroit  of  the  filing  of  said  bond,  and  of  the  names 
and  residences  of  the  sureties  thereon.     The  common  council,  when- 
ever they  shall  deem  such  bond,  or  any  of  the  sureties  thereon,  insuf- 
ficient,  may,  by  resolution,  order  and  require,  within  a  reasonable 
time,  to  be  fixed  by  such  resolution,  new  or  additional  security,  to  be 
given  in  manner  and  form  as  near  as  may  be,  as  is  above  provided  in 
case  of  the  original  security  to  be  filed  by  said  clerks. 

Removal  of  (§  *^6.)     Sec.  5.     The  police  justices  may  be  removed  from  office 

from  office.CCS     in  like  manner  and  for  like  cause  as  is  provided  by  law  for  the  re- 
moval of  justices  of  the  peace.     The  clerk  and  assistant  clerks  may 
be  removed  from  office  by  the  police  justices  on  proof  of  incompetence 
(incompetency),  gross  neglect  of  duty,  or  wilful  misconduct  in  office. 
Resignations.     Resignation  of  office  by  any  police  justice  shall  be  made  to  the  mayor 
of  the  city  of  Detroit,  who  shall  immediately  inform  the  common 
council  of  said  city  thereof.     Resignation  of  office  by  any  clerk  or 
assistant  clerk  shall  be  made  to  the  police  justices,  who  shall  cause 
to  be  made  an  appropriate  record  of  the  same.     Vacancy  in  office  of 
police  justice,  clerk  and  assistant  clerk  shall  be  deemed  to  exist  when 
the  incumbent  shall  have  died,  resigned,  been   removed  from  office, 
ceased  to  be  a  resident  of  the  city  of  Detroit,  or  wholly  failed,  for 
any  cause   other   than   sickness,   for   a   continuous   period   of   three 
months,  to  perform  the  duties  of  his  office.     Vacancy  in  the  office  of 
clerk  or  assistant  clerk  shall  also  be  deemed  to  exist  if  such  clerk  or 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT.  339 


POLICE    COLRT.  CHAPTER  24 


assistant  tlerk  shall  not,  within  the  time  fixed  by  the  common  coun- 
cil, file  new  and  additional  security  when  required,  as  provided  in 
section  four  of  this  act.  The  said  police  justices  shall  be  ineligible 
to  any  other  office  during  the  term  for  which  they  are  respectively 
elected.     ( A.s  amended  by  act  approved  June  28,  1887.) 

(§647.)  Sec.  6.  Each  of  the  police  justices  shall  receive  an  an-  Salaries 
nual  salary  of  three  thousand  dollars;  the  clerk  shall  receive  an  an- 
nual salary  of  eighteen  hundred  dollars;  and  the  assistant  clerks  shall 
each  receive  such  annual  salary,  not  exceeding  that  of  the  clerk,  as 
the  common  council  may  by  ordinance  prescribe;  but  the  salary  of 
an  assistant  clerk  shall  not  be  increased  or  diminished  during  the 
term  for  which  he  shall  be  appointed.  The  salaries  provided  by  this 
section  shall  be  paid  in  monthly  installments.  The  police  justices, 
the  clerk  and  assistant  clerks  shall  receive  no  other  or  further  com- 
pensation for  any  services  rendered,  acts  done  or  duties  performed 
under  this  act  than  the  salaries  provided  by  this  section. 

f8  648  )     Sec.  7.     The  members  of  the  metropolitan  police  force  „ 

\«J   "      v  r  Service  of 

of  the  city  of  Detroit  shall  have  the  power  and  it  shall  be  their  duty  Process- 
to  serve  all  process  issued  and  to  execute  all  orders  lawfully  made  by 
the  police  court  or  any  of  the  police  justices,  and  they  shall  perform 
all  the  duties  of  conveying  prisoners  from  any  jail  or  other  place  of 
detention  or  imprisonment  to  the  police  court  or  to  any  of  the  police 
justices  for  complaint,  arraignment,  examination,  trial,  sentence  or 
other  proceeding,  and  from  the  police  court  or  the  police  justices  to 
any  jail,  house  of  correction,  reform  school,  prison,  reformatory  or 
any  other  place  of  detention,  reformation,  correction,  punishment  or 
imprisonment,  under  the  direction,  order,  process,  judgment  or 
sentence  of  the  police  court  or  any  of  the  police  justices,  and  they 
shall  he  the  ministerial  officers  of  the  police  court  and  of  said  police 
justices.     It  shall  also  be  the  duty  af  the  board  of  metropolitan  police 


34<3  LAWS    Kl   I    \Tl\«.    To    THE    CITV    Of    DETROIT. 

Chap  n  k  •.'  i.  poi  n  >   coi  u  r. 

of  the  city  of  Detroit,  upon  the  written  request  of  the  police  justices 
to  detail  a  roundsman  and  two  patrolmen  of  the  metropolitan  police 
force  of  said  city  to  attend  the  police  court;  but  said  board  may  in  its 
discretion  detail  a  sergeant  in  place  of  such  roundsman  and  may  de- 
tail such  additional  patrolmen  to  attend  the  police  court  as  shall  from 
time  to  time  be  deemed  necessary  and  proper. 

Common  (§  649.)     Sec.   8.     The  common  council   of    the  city  of    Detroit 

council  to 

provide  shall  have  power  and  it  shall  be  their  duty  to  provide,  maintain  and 

court  room. 

suitably  furnish  a  place  for  the  transaction  of  the  business  of  the  po- 
lice court,  and  of  the  police  justices,  and  of  said  clerks,  which  place 
shall  have  such  offices,  rooms  and  apartments  as  may  be  deemed  ap- 
propriate. The  common  council  shall  have  power  to  provide  such 
places  by  rental  or  by  purchase,  or  in  any  other  manner  not  incon- 
sistent with  the  provisions  of  the  charter  of  the  city  of  Detroit,  or 
with  the  laws  relating  to  the  powers  of  said  city;  but  such  place  or 
any  part  thereof  shall  not  be  within  or  a  part  of  any  building  or  other 
structure  used  in  whole  or  in  part  as  a  police  station.  The  place  so 
provided  by  the  common  council  shall  be  known  and  designated  as 
"the  police  court  building,"  and  all  of  the  business  of  the  police 
court,  of  the  police  justices,  and  of  the  clerk  and  assistant  clerks, 
shall  be  transacted  therein,  except  as  shall  be  otherwise  provided  by 
this  act.  In  case  of  the  destruction  of  such  building  or  other  neces- 
sity, the  common  council  may  provide  a  temporary  place  elsewhere 
for  the  transaction  of  such  business. 

Expenses,  (§  G50.)     Sec.  9.     The  payment  of  salaries  provided  by  section  six 

how  borne. 

of  this  act,  and  the  cost  and  expenses  of  providing,  maintaining  and 
furnishing  a  place  for  the  police  court,  and  of  securing  any  site  there- 
for, as  authorized  by  section  eight  of  this  act,  shall  be  borne  by  the 
city  of  Detroit,  and  shall  be  provided  for  by  the  common  council  of 
said  city,  in  its  discretion,  as  a  part  of  the  general  fund  as  established 


LAWS   RELATING    TO   THE   CITY    OF    DETROIT.  341 


POLICE  COl'RT. 


Chapter  24 


by  the  charter  of  the  city  of  Detroit,  and  shall  be  paid  from  such 
fund  in  like  manner,  as  near  as  may  be,  as  annual  city  expenses  are 
provided  and  paid.  All  other  cost  and  expense  necessary  and  proper 
to  the  due  maintenance  and  operation  of  the  police  court,  and  to  the 
orderly  and  efficient  transaction  of  the  business  thereof,  and  of  the 
police  justices  and  of  said  clerks,  and  to  the  due  and  complete  opera- 
tion ©f  the  provisions  of  this  act,  including  the  service  of  all  writs 
and  process  (excepting,  however,  the  salaries  of  the  sergeant,  rounds- 
man and  patrolmen  mentioned  in  section  seven  of  this  act),  shall  be 
borne  by  the  county  of  Wayne,  and  shall  be  provided  for  and  paid  in 
like  manner,  as  near  as  may  be,  as  other  county  expenses  are  provided 
for  and  paid. 

(§  651.)     Sec.  10.     The  police  court  shall  have  original  and  ex-  jurisdiction  of 

court  in 

elusive  jurisdiction   to   hear,  try   and  determine  all   criminal   cases  criminal 

matters. 

wherein  the  crime,  misdemeanor  or  offense  charged  shall  have  been 
committed  within  the  corporate  limits  of  the  city  of  Detroit,  or  upon 
any  lands,  tenements  or  hereditaments  owned  or  occupied  by  or  under 
the  authority  of  the  city  of  Detroit,  within  the  county  of  Wayne,  and 
which  crime,  misdemeanor  or  offense  would  be,  now  or  hereafter 
cognizable  by  a  justice  of  the  peace  if  the  same  had  been  committed 
in  any  other  part  of  this  state;  to  entertain,  conduct  and  dispose  of 
all  preliminary  examinations  into  crimes,  misdemeanors  and  offenses 
which  shall  have  been  committed  within  the  corporate  limits  of  the 
city  of  Detroit,  and  which  may  now  or  hereafter  be  cognizable  by 
the  recorder's  court  of  said  city;  to  hear,  try  and  determine,  or  other- 
wise lawfully  entertain,  conduct  and  dispose  of  all  cases  and  proceed- 
in  gs  arising  within  the  corporate  limits  of  the  city  of  Detroit,  under 
the  laws  of  this  state  relative  to  disorderly  persons,  illegitimate  chil- 
dren, fugitives  from  justice  from  other  states  and  foreign  countries, 
the  preservation  of  the  public  peace  and  the  prevention  of  crime: 
Provided,  however,  That  this  act  shall  not  be  in  any  wise  construed  to 


342  LAWS    RELATING  TO   THIv   CITY   OF   DETROIT. 

Ch  w\  I  R    24.  POl  ICE  COURT. 


interfere  with  or  affect   :my  of  the  powers  of  or  the  authority  con- 

Vn'is'a'i'.'ti'm        ferred  by  law  upon  the  grand  jury  of  the  county  of  Wayne.     The 

with  Recorder's       ,.  ,,    ,  ..••*•*.•  ■„      ..  ^      > 

Courtincer-       police  court  shall  have  concurrent  jurisdiction  with   the   recorders 
t;iin  ordinances. 

court  of  the  city  of  Detroit  to  hear,  try  and  determine  cases  arising 

under  the  ordinances  of   the  common  council  relative  to   common 

prostitutes,  vagrants,  mendicants,  street  beggars,  drunken   persons, 

dissrderly  persons,  disturbances  and  breaches  of  the  peace,  indecent 

exposure  of  the   person,  indecent  conduct,  indecent  exhibitions,  and 

Person  ar-         other  disorderly  conduct.     And  any  person  arrested  for  a  breach  of 

rested  for 

violation  of  city  any  of  the  ordinances  aforesaid   shall   be  discharged   from   custody 
ordinances  to 

on  f'frnishfng  upon  entering  into  recognizance  in  a  sum  not  exceeding  the  penalty 
provided  for  the  violation  of  the  same,  and  with  sureties  satisfactory 
to  the  officer  taking  said  recDgnizance  conditioned  for  the  appearance 
of  such  person  to  answer  to  any  complaint  that  may  be  preferred 
against  him  or  her.  Either  of  said  police  justices,  the  clerk  of  the 
police  court,  and  the  clerk  of  the  recorder's  court  of  the  city  of  De- 
troit, shall  have  power  to  take  said  recognizances,  and  it  shall  be  the 
duty  of  the  officer  having  such  person  in  custody  to  produce  him  be- 
fore any  of  said  officers  for  the  purpose  of  giving  bail  when  required 

wnerffiled!CeS'  so  to  do.  All  recognizances  taken  as  hereby  provided  shall  be  filed 
as  soon  as  practicable  in  the  office  of  the  clerk  of  the  court  before 
whom  such  person  is  brought  for  trial,  and  said  court  shall  have  full 
jurisdiction  and  authority  to  control  and  enforce  the  same. 


To  have 
powei 
justic 
peace 


(#  652.)  Sec.  11.  The  police  court  shall  have  power  to  issue  all 
lawful  writs  and  process,  and  to  do  all  lawful  acts  which  may  be 
necessary  and  proper  to  execute  and  carry  into  complete  effect  the 
powers  and  jurisdiction  given  by  this  act,  and  especially  to  issue  all 
writs  and  process,  and  to  do  all  acts  which  justices  of  the  peace, 
within  their  respective  jurisdictions,  may  issue  and  do  by  the  laws  of 
this  state,  and  shall,  as  far  as  applicable,  be  governed  by  the  provi- 
sions of  law  regulating  criminal  cases  aud  proceedings  before  justices 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT.  343 


POLICE  COURT. 


Chapter  24 


of  the  peace,  Any  one  of  the  police  justices  may  open  the  police 
court,  and  hold,  continue  and  adjourn  a  session  thereof,  and  shall  con- 
stitute a  quorum  for  the  transaction  of  any  business  of  which  the 
police  court  may  lawfully  take  cognizance,  and  said  police  justices 
may  severally  hold,  continue  and  adjourn  sessions  of  the  police 
court,  simultaneously,  for  the  transaction  of  any  such  business;  but  a 
continuance  or  adjournment  by  one  police  justice  shall  not  of  itself 
affect  any  session  held  hy  or  business  pending  before  any  other  police 
justice.  The  police  justices  shall  severally  have  power  and  authority 
to  act  in  any  case,  matter  or  proceeding  pending  in  said  court  as  cir- 
cumstances and  justice  may  require,  or  as  may  be  necessary  or 
proper,  subject  to  the  limitations  of  this  act;  but  no  police  justice 
shall  review  or  revise  any  order,  judgment,  sentence  or  act  of  any 
other  police  justice  involving  the  personal  discretion,  judgment  or 
opinion  of  such  other  police  justice.  The  police  justices  may  assign  Apportionment 
or  apportion  the  business  of  the  police  court  among  themselves,  for° 
the  convenient,  orderly  and  prompt  transaction  thereof.  The  police 
justice  whose  term  shall  soonest  expire,  and  who  shall  not  have  been 
elected  to  fill  a  vacancy,  shall  be  known  and  designated  as  the  senior 
police  justice.  He  shall  sign  the  daily  journal  of  the  proceedings  of 
the  police  court.     In  case  of  the  absence  or  inability  to  act  of  the  Senior       ce 

,      ,,  .  jus " 

senior  police  justice,  the  other  justice  present  shall  act  as  senior  po- 
lice justice.  Except  as  provided  by  this  act,  the  senior  police  justice 
shall  possess  no  greater  or  other  power  or  authority  than  any  other 
police  justice.  The  practice  in  the'  police  court  shall,  subject  to  the 
provisions  of  this  act,  conform,  in  general,  to  the  practice  in  similar 
proceedings  in  courts  of  record;  but  neither  the  police  court,  nor  any 
police  justice,  shall  have  any  power  or  authority  to  grant  new  trials 
or  to  vacate  or  arrest  any  judgment,  or  to  stay  any  proceedings  there- 
on. No  person  shall  be  allowed  to  appear  or  practice  in  the  police 
court  as  an  attorney  and  counselor  unless  he  shall  be  authorized  to  Attorneys, 
appear  and  practice  in  that  capacity  in  the  circuit  court  for  the  county 


.istice. 


Practice. 


344 


CHAITRR    84. 


LAWS   RELATING   TO    THE   CITY   <>K    DETROIT. 


i:   1.    I     .   (II    K  r. 


Trial  to  be 

public. 


Exceptions. 


Hours  of 
business. 


OlfWaj  lie     Trials  and  examinations  in  the  police  court  shall  be  pub- 
lic, but  whenever  it  shall  appear  that,  upon  the  trial  of  any  cause  or 
upon   examination,  evidence  of    licentious,   lascivious,    degrading  or 
peculiarly  immoral  acts  or  conduct  will  probably  be  given,  the  police 
justice  presiding  at  such  trial  or  examination  may,  in  his  discretion, 
require  and  cause  every  person  except  those  necessarily  in  attendance 
thereon,  to  retire  and  absent  himself  or  herself  from  the  court  room 
during  such  trial  or  examination,  or  any  portion  thereof;  and  no  per- 
son under  the  age  of  sixteen  years  shall  be  permitted  at  any  time  to 
remain  during  the  trial   of  any  cause,  or  during  any  examination   in 
the  police  court,  or  during  any  portion  thereof,  in  the  court  room  in 
which  such  trial  or  examination  is  pending,   unless  such  person  is 
accompanied  by  one  of  its  parents  or  guardians,  or  is  required  by  law 
or  the  process  of  the  court  to  be  present  or  in  attendance  thereon. 
The  police  court  and  clerk's  office  shall  be  open  daily  (except  Sun- 
days and  holidays)  at  reasonable  hours,  for  the  transaction  of  the  g  m- 
eral  business  thereof,  but  said  court  shall  be  deemed  in  law  always 
open  for  the  purpose  of  taking  complaints,  issuing  warrants  and  ad- 
mitting prisoners  to  bail,  in  cases,  matters  or  proceedings  arising  un- 
der the  laws  of  the  state  of  which  the  police  court  may  take  cogniz- 
ance; and  in  such  cases,  matters  and  proceedings,  either  police  jus- 
tice may  take  complaints  and  issue  warrants  thereon,  at  all  hours,  and 
upon  all  days,  anywhere  within  the  corporate   limits  of  the  city  of 
Detroit.     It  shall  be  the  duty  of  the  several  police  justices  to  attend 
and  open  the  police  court,  and  hold  sessions  thereof,  at  such  times  as 
the  common  council  of  the  city  of  Detroit  shall  by  ordinance  pre- 
scribe, and  then  and  there  examine  into  and  determine  all  cases  aris- 
ing under  any  of  the  ordinances  of  said  common  council  which  shall 
be  brought  before  the  police  court,  and  of  which  such  court  shall,  by 
the  terms  of  this  act,  have  jurisdiction.     And  it  shall  be  the  duty  of 
all  officers  having  in  custody  or  confinement  any  person  charged  with 
violating  any  of  the  ordinances  of  the  common  council  mentioned  in 


LAWS    RELATING   TO    THK    CITY    OF    DETROIT.  345 


police  court.  Chapter  24 


section  ten  of  this  act,  to  promptly  bring  such  prisoner  before  the 
police  court  for  trial  or  other  lawful  action,  unless  such  prisoner  shall 
be  held  under  or  by  virtue  of  the  warrant,  capias  or  other  process  of 
another  court,  magistrate  or  officer. 

(§  G53.)     Sec.  12.     The  police  court  shall  have  power  to  punish. 

Contempt 

as  for  a  criminal  contempt,  any  person  who  shall  be  guilty  of  any  act,  of  court. 
conduct  or  behavior  for  which  such  person  would  be  punishable  as 
for  a  criminal  contempt  in  any  court  of  record,  if  such  act  had  been 
committed  within  its  jurisdiction,  and  the  procedure  in  the  police 
court,  in  cases  of  contempt,  shall  be  substantially  the  same  as  in 
courts  of  record,  and  like  punishment  may  be  inflicted  therein,  except 
that  no  fine  shall  exceed  one  hundred  dollars. 

(§  G54.)     Sec.  18.     The  police  court  shall  have  authority  in  all  ,, 

vo  ■  J  *  •>  May  require 

cases,  in  its  discretion,  either  before  or  after  the  issuing  of  process,  to  cosls  fro,„ 

complainant 
require  of  the   complainant   security   for   costs   to  the  satisfaction    of 

the  police  justice  ordering  the  same,  or  in  his  absence  to  the  satisfac- 
tion of  any  other  police  justice,  and  the  person  becoming  such  se- 
curity shall  sign  a  memorandum  in  writing  to  that  effect,  which  shall 
be  filed  with  the  clerk,  and  shall  be  kept  as  a  part  of  the  proceedings 
in  the  case.  If  the  defendant  or  prisoner  shall  be  discharged  upon 
examination,  or  acquitted  upon  trial,  or  if  the  complainant,  being  a 
material  witness,  cannot  be  found,  and  the  case  shall  for  that  reason 
be  dismissed,  judgment  for  costs  shall  be  entered  immediately  against 
the  complainant,  or  against  the  complainant  and  his  surety  when  se- 
curity for  costs  shall  have  been  given;  and  such  judgment  shall  have 
like  force  and  effect,  and  execution  for  the  collection  thereof  may 
issue  as  in  case  of  any  judgment  rendered  by  a  justice  of  the  peace;. 
Provided,  That  the  police  justice  rendering  such  judgment  shall  find 
and  cause  to  be  entered  in  the  record  of  the  case  that  he  found  that 
payment  of  such  costs  by  the  complainant  was  just  and  equitable.  In 
determining  the  amount  of  costs  the  court  shall  be  governed  by  the 


346  LAWS    RELATING    TO   THE   CITY   OF   DETROIT. 

Ch  \ritii  94.  i'oi  ic  i  i  hi  in. 


provisions  of  law  relative  to  fees,  costs  and  expenses  in  similar  pro- 
ceedings before  justices  of  the  peace,  but  in  no  case  shall  such  judg- 
ment for  costs,  when  rendered,  be  less  than  for  three  dollars.  If  ex- 
ecution shall  have  been  issued  upon  such  judgment  for  costs,  and 
shall  have  been  returned  unsatisfied,  proceedings  as  for  contempt 
may  be  had  against  the  complainant  or  his  surety,  or  both,  as  in  case 
of  criminal  contempt  committed  out  of  the  presence  of  the  court. 

(§  655.)     Sec.    14.      The   police  court,   or   either   police   justice 
Who  may  let 

prisoners  lo        thereof,  the  recorder's  court  of  the  city  of  Detroit,  the  circuit  court 
bail. 

for  the  county  of  Wayne,  and  the   supreme  court  of  this  state,  and 

the  justices  thereof,  and  no  other  court,  magistrate  or  officer  what- 
ever, except  as  provided  in  section  ten,  shall  have  power  to  let  to  bail 
any  prisoner  or  person  in  custody,  charged  with  a  bailable  crime, 
misdemeanor  or  offense  of  which  the  police  court  shall  for  any  pur- 
pose have  jurisdiction. 

for'wiuTeTses  (§    656-)       SEC-    15>        If    lt    Sha11    aPPear   t0    tUe    P°lice    COllrt>    °r    t0 

either  police  justice,  by  affidavit  or  other  appropriate  evidence  upon 
oath,  or  by  the  testimony  of  any  witness  or  witnesses  given  in  the 
course  of  any  trial  or  examination  in  the  police  court,  that  any  person 
is  a  material  witness  in  any  case,  matter  or  proceeding  pending  in  said 
court,  and  will  probably  be  a  necessary  witness  therein,  either  before 
the  police  court  or  any  other  court,  and  that  there  is  reason  to  believe 
that  such  person  will  not  appear  and  testify  in  such  case,  matter  or 
proceeding,  unless  security  be  given  by  such  person  to  so  appear  and 
testify,  the  police  court  or  police  justice  may  by  appropriate  process 
attach  such  person  and  commit  him  or  her  to  the  custody  of  the  su- 
perintendent of  the  metropolitan  police  force  of  the  city  of  Detroit, 
to  be  by  said  superintendent  held  and  detained  according  to  law  as  a 
witness  in  such  case,  matter  or  proceeding  until  the  further  order  of 
the  police  court,  but  not  longer  than  thirty  days  .from  the  date  of  the 


UWS   RELATING   TO   THE   CITY   OF   DETROIT.  347 


police  court.  Chapter  21 


warrant  of  commitment,  unless  such  person  shall  give  bail  in  such  ^°fses 
sum  and  with  such  surety  or  sureties  as  shall  be  approved  by  either 
police  justice  of  said  court,  conditioned,  at  the  option  of  the  party 
giving  the  same,  eithter  to  remain  openly  for  the  thirty  days  next  suc- 
ceeding the  date  of  the  warrant  of  commitment,  within  the  corporate 
limits  of  the  city  of  Detroit,  or  to  appear  and  testify  from  time  to 
time  in  such  case,  matter  or  proceeding  therein  without  further 
notice. 


Commitment 


(§  657.)     Sec.  16.     When  any  person  shall  be  convicted  in  the 

commiuTK 

police  court  of  any  crime,  misdemeanor  or  offense  which  may,  by  the  to  Detroit 

1  House  of 

terms  of  any  law  or  statute  prescribing  the  punishment  therefor,  be  Correction. 
punished  by  imprisonment  in  the  county  jail,  either  as  an  absolute  or 
alternative  penalty,  the  judgment  or  sentence  of  the  police  court 
shall  in  such  case,  if  punishment  by  imprisonment  if  imposed  there- 
by, provide  that  such  convicted  person  shall  be  imprisoned  in  the  De- 
troit house  of  correction  instead,  anything  in  said  law  and  statute  to 
the  contrary  notwithstanding.  And  persons  so  sentenced  to  the  De- 
troit house  of  correction  shall  be  received  and  kept  by  the  superin- 
tendent thereof  in  like  mannner  as  other  prisoners  lawfully  committed 
thereto. 

(§  658.)     Sec.  17.     When  by  any  statute  of  this  state  a  forfeiture 

Offenders  sub- 

is  provided  as  a  penalty  for  the  violation  thereof,  and  such  violation  ject  to  imprison- 

1  r  •>  mentonnon- 

is  an  offense  falling  within  the  jurisdiction  of  the  police  court  to  hear,  ^•fi1I"eLsnt 
try  and  determine,  the  offender  shall,  upon  conviction  in  that  court, 
be  sentenced  to  pay  a  fine  not  exceeding  the  amount  of  such  forfeit- 
ure, and  in  default  of  the  payment  of  such  fine  to  be  imprisoned  in 
the  Detroit  house  of  correction  for  a  definite  period,  not  (xceeding 
ninetv  davs,  unless  such  fine  be  sooner  paid:     Provided,  That  the  said  Certificates  of 

J         J    >  r  conviction 

police  court  is   excepted  in  all  cases  from  the  operation  of  law  re-  J^eed  n0 
quiring  the  filing  of  certificates  of  conviction  with  the  county  clerk. 


348  i  \.\s  k  1:  i.  a  Tim.  to   r  1 1 1-:  city  of  Detroit. 

Chapter  24.  police  court. 


Serviceof  (fi  659.1     Sec.   18.     Any  warrant,   writ,   or  other    process   of   the 

process, 

police  court,  whether  issued  by  said  court  or  a  police  justice,  shall  be 
in  the  name  of  the  people  of  the  State  of  Michigan,  shall  be  addressed 
to  the  superintendent  or  any  sergeant,  roundsman,  detective  or  patrol- 
man of  the  metropolitan  police  force  of  the  city  of  Detroit,  shall  be 
tested  by  the  senior  police  justice,  shall  be  returnable  before  the  police 
court  at  the  police  court  building,  shall  be  signed  by  the  police  justice 
issuing  the  same  or  authorizing  the  issuing  thereof,  and  may,  without 
backing  or  endorsement  by  any  other  court,  magistrate,  or  officer,  be 
served  or  executed  anywhere  in  the  State  of  Michigan. 

(g  660.)  Sec.  19.  Any  case,  matter,  or  proceeding  pending  in 
Adjournments.  tjjg  p0]jce  court  may  be  adjourned,  postponed  or  continued  from  time 
to  time  as  in  the  discretion  of  tne  court  shall  seem  proper,  except  such 
as  may  be  heard,  tried,  and  determined  in  the  police  court,  which 
shall,  if  the  accused  is  in  custody  for  want  of  bail,  be  heard,  tried,  and 
determined,  within  ten  days  after  the  return  of  the  warrant,  unless  it 
shall  be  made  to  appear  by  affidavit  or  other  sufficient  showing  that 
justice  requires  an  adjournment,  postponement,  or  continuance  of  such 
case,  matter,  or  proceeding, beyond  said  ten  days,  in  which  event  it 
may  be  adjourned,  postponed,  or  continued  beyond  said  ten  days,  but 
not  more  than  thirty  days  in  all  from  the  date  of  the  return  of  the 
warrant,  and  which  shall,  if  the  accused  is  not  in  custody  for  want  of 
bail,  be  heard,  tried,  and  determined  within  thirty  days  from  the  date 
of  the  return  of  the  warrant.  But  if  any  of  the  periods  of  time  herein 
limited  shall  expire  during  the  trial  of  such  case,  matter,  or  proceed- 
ing, it  shall,  nevertheless,  proceed  to  final  determination,  in  the  man. 
ner  and  with  like  effect,  as  though  the  period  limited  as  aforesaid  had 
not  expired. 

Policecourt  (§  661.)     Sec.  20.     If   either   police  justice   shall    have  probable 

may  investigate 

cause  to  suspect  that  an  indictable  crime,  misdemeanor,  or  offense  has 

crime-  i^  r  '  ' 

been  committed  within  the  corporate  limits  of  the  city  of  Detroit,  and 


LAWS    RELATING   TO   THE    CITY   OF   DETROIT.  349 

police  court.  Chapter  24 


that  any  person  within  the  lawful  jurisdiction  of  the  process  of  the 
police  coMrt  may  be  able  to  give  any  material  evidence  respecting  such 
crime,  misdemeanor,  or  offense,  he  shall  have  power  and  authority  in 
his  discretion  to  require  such  person  to  appear  before  him  as  a  witness 
and  answer  upon  oath  such  questions  as  shall  be  put  to  him  or  her 
touching  such  crime,  misdemeanor  or  offense,  or  his  or  her  knowledge 
or  information  of  the  same,  or  of  any  material  fact  involved  therein; 
aud  the  proceedings  to  summon  said  witness  and  to  compel  him  or  her 
to  testify  shall,  as  far  as  practicable,  be  the  same  as  proceedings  to 
summon  witnesses  and  compel  their  attendance  and  testimony  in  or- 
dinary cases,  matters,  and  proceedings  in  the  police  court,  and  if  upon 
such  inquiry  the  police  justice  shall  be  satisfied  that  such  crime,  mis- 
demeanor, or  offense  has  been  committed,  and  that  there  is  probable 
cause  to  suspect  any  particular  person  or  persons  to  be  guilty  thereof, 
he  may  cause  the  apprehension  of  such  person  or  persons  by  proper 
process,  and  upon  the  return  of  such  process  served  or  executed,  the 
police  justice  shall  proceed  with  the  case,  matter  or  proceeding  in  like 
manner  as  upon  formal  complaint  by  the  injured  party  or  other  per 
son.     And  in  respect  of  communicating  or  divulging  any   statements 

Law  of  grand 

made  by  such  witness   during   the   course   of   such    examination   the  jury  to  govern, 
police  justice  shall  be  governed  by  the  provisions  of  law  relative  to 
grand  jurors. 

(S  662.)    Sec.  21.      The  clerk  of  the  police  court  shall  keep  a 

v"  '  '  Records. 

true  record  of  the  proceedings  of  said  court  and  of  the  business  of 
his  office  in  journals,  calendars  or  other  proper  books  to  be  provided 
for  such  purpose,  which  books  shall  be  of  such  forms  as  shall  be  ap- 
proved by  the  senior  police  justice.  He  shall  file  and  safely  keep  all  i,m,  s. 
books,  bonds,  recognizances  and  papers  belonging  to  the  police  court 
or  to  trie  office.  He  shall  receive  all  fines  and  costs  imposed  by  said 
court,  and  shall  within  forty-eight  hours  after  the  receipt  thereof,  pay 
the  same  to  the  county  treasurer  of  the  county  of  Wayne,  and  take 


350 


LAWS    RELATING    TO   THE   CITV   OK  DKTROIT. 


Ch  iptkr  34, 


I'Ol.K'K  COURT. 


receipt  therefor,  except  such  lines  and  costs  as  shall  bo  imposed  and 
received  in  cases  arising  under  the  city  ordinances  above  mentioned, 
which  shall  be  paid  in  like  manner  and  within  the  same  period  to  the 
city  treasurer  of  the  city  of  Detroit,  and  by  him  credited  to  the  police 
court  fund,  lie  shall  have  power  and  authority  generally  to  admin- 
ister oaths  and  take  affidavits.  He  shall  write  depositions  and  per- 
form such  other  clerical  work  as  shall  be  required  from  time  to  time 
by  the  police  court.  The  assistant  clerks  shall  have  the  same  powers 
aud  may  perform  the  same  duties  as  the  clerk,  but  shall  be  under  his 
direction  and  may  be  assigned  by  him  to  exercise  such  powers  aud 
perform  such  duties  before  or  with  either  of  said  police  justices.  In 
the  absence  of  the  clerk  the  senior  police  justice  may  direct  an  as- 
sistant clerk  to  act  as  clerk  for  the  time  being.  The  books,  records,, 
files  and  papers  of  the  police  court  and  of  the  clerk's  office  shall  be 
deemed  public,  and  subject  to  reasonable  rules  and  regulations  to  be 
fixed  by  the  police  justices,  shall  be,  at  reasonable  times,  open  to- 
public  inspection. 


(8  G6o.)     Sec.  22.     Juries  in  the  police  court  shall  be  judges  of 

Jury  judges 

oflawandfact.  tke  jaw  au(j  t^e  facts      They  shall  be  composed  of  six  persons,  who 


Records  to 

be  public. 


Challenges. 


Selection 
of  juries. 


shall  severally  possess  the  lawful  qualifications  of  jurors  in  the  re- 
corder's court  of  the  city  of  Detroit,  and  any  challenge  which  would 
be  valid  if  made  in  the  recorder's  court  shall  be  valid  and  sufficient 
if  made  in  the  police  court:  Provided,  however,  That  but  two  per"- 
einptory  challenges  shall  be  allowed  to  the  people  and  a  like  number 
to  the  accused  in  all  trials  in  the  police  court.  The  board  of  jury 
commissioners,  as  created  by  act  number  one  hundred  and  sixty,  of 
the  session  laws  of  eighteen  hundred  and  eighty-one,  shall  continu- 
ally, or  whenever  required  by  the  senior  police  justice,  in  accordance 
with  the  method  provided  by  that  act,  select  persons  to  serve  as  jurors 
for  the  trial  of  cases,  matters  and  proceedings  in  the  police  court,  and 
shall  file  a  list  of  the  persons  so  selected  with  the  clerk  of  the  police 


LAWS   RELATING   TO   THE   CITY   OE   DETROIT.  351 

police  court.  Chapter  'M 


court.  The  number  to  be  selected  on  the  third  Monday  in  May  of 
each  year,  as  provided  by  said  act,  shall  be  three  hundred.  After  the 
filing  of  such  list  the  proceedings  for  selecting,  summoning  and  com- 
pelling the  attendance  of  jurors  and  talesmen  shall  be,  as  far  as  prac- 
ticable, the  same  as  is  provided  by  law  for  like  purposes  in  the  re- 
corder's court,  except  that  the  attendance  of  the  sheriff  shall  not  be 
required. 

Jurors  shall  be  drawn  and  summoned  for  a  term  of  one  month, 
which  shall  be  the  calendar  month  next  succeeding  such  drawing. 
Not  less  than  eighteen  nor  more  than  thirty-six  jurors  shall  be  drawn 
and  summoned  for  a  term,  unless  for  a  special  reason  the  senior  police 
justice  shall,  in  writing,  direct  that  a  greater  number  be  drawn  and 
summoned.  The  persons  so  drawn  shall  be  notified  in  writing  of 
their  liability  to  jury  duty  in  the  police  court  for  the  calendar  month 
to  be  specified,  which  notice  shall  be  served  personally,  if  practicable, 
upon  each  person  so  drawn,  by  a  member  of  the  police,  and  a  return 
in  writing  of  the  time  and  mannner  or  such  service  shall  be  made 
and  filed  with  the  clerk  of  the  police  court.  The  actual  attendance 
of  the  persons  duly  notified  for  jury  service  may  be  required  and  en- 
forced according  to  law.  No  juror  shall  be  excused  from  attendance 
for  the  term  except  by  the  concurrence  of  the  two  police  justices. 
Whenever  by  law  the  recorder  or  judge  of  the  recorder's  court,  re- 
quired or  directed  to  be  present  at  or  participate  in  any  part  of  the 
proceedings  to  seiect  jurors  for  that  court,  the  senior  police  justice, 
or  acting  senior  police  justice,  shall  perform  like  duty  in  like  pro- 
ceedings to  select  jurors  for  the  police  court.  (As  amended  by  act 
approved  June  28,  1887.) 

(§  664.)     Sec.  2:'<.     In  all  cases  determined  in  said  police  court  an 

Appeals, 
appeal  may  be  taken  to  the  recorder's  court  of  the  city  of  Detroit,  in 

the  same  time  and  manner  and  with  same  effect  as  prescribed  by  the 

general  laws  of  the  state   for  appeals  from  convictions  by  justices  of 


J52  CAWS    RELATING    To  THE   CITY   OP    DETROIT. 

I'll  M-  l  l  K    34.  POLICE  K)l  I(T. 


the  peace  within  this  state  to  the  circuit  court  in  criminal  cases.  (As 
amended  by  acl  approved  June  3,  1S91. 

(8  665.)     Sec.  24.     The  common  council  of   the  city  of   Detroit 
appoint  justice   shall  have  power,  at  any  time  after  the  passage  of  this  act,  and  subject  to 

of  peace  to  act 

as  assistant         the  limitations  thereof,  by  resolution  to  designate   a   justice  of  the 

police  justice. 

peace  of  said  city  to  act  as  assistant  police  justice,  and  in  case  of 
death,  resignation,  absence  or  inability  of  the  present  police  justice, 
the  person  so  designated  shall  have  and  exercise  all  the  powers  and 
functions  of  the  present  police  justice,  and  shall  perform  all  the 
duties  of  such  office,  and  iu  case  of  death,  resignation,  absence  or  in- 
ability  of  both  of  the  police  justices  provided  for  by  this  act,  simul- 
taneously, the  justice  of  the  peace  so  designated  as  assistant  police 
justice  shall  have  and  exercise  all  the  powers  and  functions  of  a  police 
justice  (including  those  of  the  senior  police  justice),  and  shall  per- 
form all  the  duties  of  such  office  until  a  police  justice  is  elected  and 
qualified,  or  resumes  the  performance  of  the  duties  of  his  office. 

(§  666.)     Sec.  25.     The  act  of  the  legislature  of  the  state  of  Mich- 
Repeal  of  other 

acts  after  jo-an  entit  ed  "An  act  to  establish  a  police  court  in  the  city  of  Detroit," 

July  4,  1886.  °  J 

approved  April  2,  1850,  and  all  amendments  thereof,  and  all  other  acts 
and  parts  of  acts  of  said  legislature  relative  to  the  police  court  of  the 
city  of  Detroit,  except  so  far  as  the  same  shall  be  preserved  or  con- 
tinued iu  force  by  this  act,  shall  on  and  after  the  fourth  day  of  July, 
A.  D.  eighteen  hundred  and  eighty-six,  stand  repealed,  and  the  pres- 
ent police  court  of  the  city  of  Detroit  shall  on  the  fourth  day  of  July, 
A.  D.  eighteen  huudred  and  eighty-six,  wholly  cease  to  exist,  and 
shall  then  and  thereafter  exercise  no  power,  authority  or  jurisdiction 
whatever;  and  all  cases,  matters  and  proceedings  pending  and  unde- 
termined before  the  said  police  court  or  police  justice  shall,  on  said 
day,  by  virtue  of  this  act,  simply,  be  and  shall  stand  transferred  to 
the  police  court  established  by  this  act,  and  shall  therein  be  heard, 
tried  and  determined,  or  otherwise  lawfully  disposed  of,  as  though 


LAWS    RELATING   TO    THE    CITY    OE    DETROIT.  353 

police  court.  Chapter  24 


originally  commenced  in  the  latter  police  court,  and  as  near  as  may 

be,  according  to  the  law  aiid  practice  thereof;  and  all  records,  books,  Transfer  of 

riles  and 

tiles,  bonds,  recognizances  and  other  papers  belonging  or  appertain-  P:lPers- 
ing  to  the  present  police  court,  or  to  the  office  of  the  clerk  thereof, 
shall  be  by  such  clerk  promptly  delivered  to  the  clerk  of  the  police 
court  established  by  this  act,  and  shall  be  by  the  latter  clerk  kept  and 
filed  in  his  office,  where  they  shall  have  the  same  force  and  effect 
and  be  used  for  the  same  purpose  as  though  originally  filed  in  said 
office;  but  this  act  shall  not  be  construed  to  affect  any  cause,  matter 
or  proceeding  heard,  tried  and  determined,  or  otherwise  lawfully  dis- 
posed of  in  the  present  police  court  at  any  time  prior  to  the  said 
fourth  day  of  July,  A.  D.  eighteen  hundred  and  eighty-six,  except  for 
the  taking  of  a  lawful  appeal  therein,  which  may  be  taken  under  the 
provisions  of  this  act  only. 

Approved  June  9,  1885. 

(2  667.)     Sec.  26.     Search  warrants  may  be  issued  by  the  police 
court  in  all  cases   authorized  by  law,  and  with  like  conditions  and  Search 

warrants. 

limitations.  Such  process  shall  be  directed  as  provided  by  section 
e'ghteen  of  this  act,  and  shall  command  the  officer  executing  the 
same  to  notify  the  person  upon  whose  premises  any  of  the  property 
specified  in  such  process  may  be  found  to  appear  at  the  police  court 
at  a  time  to  be  specified  in  such  notice,  to  show  cause  why  the  prop- 
erty so  found  and  seized  should  not  be  disposed  of  on  such  process  in 
the  manner  provided  by  law.  A  memorandum  containing  the  sub- 
stance of  such  notice,  and  in  a  form  approved  by  the  senior  police 
justice,  shall  be  served  by  the  officer  upon  the  person  whose  prem- 
ises any  such  property  is  seized.  Such  service  shall  be  made  at  the 
time,  as  near  as  may  be,  that  the  property  is  seized,  and  by  the  officer 
executing  the  process,  and  may  be  served  personally  upon  any  per- 
son claiming  rights  in  the  property  seized,  or  be  left  on  the  premises 
mentioned  in  the  warrant  of  search  with  any  person  for  the  time  be- 
ing having  the  charge  of  said  premises.     At  the  time  mentioned  in 


554  LAWS   RELATING  TO   THE   CITY  OK    DETROIT. 

Cm  vrri-  r  84.  POJ  ICE  COURT. 


such  notice,  or  ;U  such  other  time  to  which  the  hearing  may  be  ad- 
journed, one  of  the  police  justices  may  proceed  to  hear  and  inquire 
into  all  matters  relating  to  the  issuing  and  execution  of  such  search 
warrant,  and  shall  hear  evidence,  if  any  be  offered,  by  any  person 
claiming  such  property  against  the  right  of  seizure  under  such  search 
warrant.  If  the  said  police  justice  shall  not  be  satisfied,  upon  such 
hearing,  that  a  disposition  of  ths  property  so  seized  may  be  justly 
made  under  such  process,  he  shall  order  that  the  property  be  returned 
to  the  person  and  to  the  place  from  whence  it  was  taken;  otherwise 
he  shall  dispose  of  the  same  according  to  law  and  the  very  right  of 
the  matter.  All  proceedings  under  this  section  shall  be  summary, 
and  no  warrant  of  search  issued  by  the  police  court  under  this  sec- 
tion shall  justify  any  search  or  seizure  on  premises  beyond  the  cor- 
porate limits  of  the  city  of  Detroit.  (As  added  by  act  approved  June 
28,  1887.) 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT. 


355 


police  court.  Chapter  24 


STENOGRAPHER   OF   POLICE   COURT. 

An  Act  to  provide  for  the  appointment  of  a  stenographer  for  the  pro- 
bate court  of  the  county  of  Wayne,  and  for  the  police  court  of  the 
city  of  Detroit,  to  prescribe  his  duties  and  fix  his  compensation. 

(§  668.)      SECTION   1.      The  People  of  the    State  of  Michigan  enact,  Appointment. 
That  the  judge  of  probate  for  the  county  of  Wayne  shall  have  power 
to  appoint  a  stenographer  for  the  probate  court  of  said  county. 

(jj  669.)  Sec  2.  The  person  so  appointed  shall  be  deemed  an 
officer  of  the  court,  and  shall  be  subject  to  suspension  or  removal  for 
incompetency  or  misconduct,  and  in  case  of  such  suspension  he  shall 
thereafter  cease  to  hold  the  office  of  stenographer,  unless  by  order  of 
the  court  his  suspension  shall  be  rescinded. 

(§  670.)  Sec  3.  It  shall  be  the  duty  of  the  stenographer  to  at- 
tend each  session  of  the  court  when  directed  by  the  judge  thereof, 
and  take  full  stenographic  notes  of  all  testimony  and  proceedings  in 
cases  required  by  said  judge  of  probate.     Whenever  the  services  of 

Duty  to  attend 

said  stenographer  are  not  required  in  said  probate  court,  upon  the  de-  Police  court 

upon  demand 

mand  of  either  of  the  justices  of  the  police  court  of  the  city  of  De-  °  Justlces- 
troit,  he  shall  attend  such  sessions  of  the  police  court  as  they  may  di- 
rect, and  take  full  stenographic  notes  of  the  testimony  and  proceed- 
ings in  such  cases. 

(§  671.)     Sec  4.     The  stenographer  shall  receive  as  his  compen-  Compensation, 
sation  a  salary  of  two  thousand  dollars  per  annum,  which  shall  be 
paid  in  monthly  installments  out  of  the  county  treasury;  and  in  case 


556  CAWS    RELATING    TO   THE   CITY    OF  DETROIT. 


Ch  vru  I  POl  hi     CO!  R  I 


either  partj  to  B  cause  shall  desire  .1  transcript  of  his  notes,  he  shall 
furnish  such  transcript  to  the  party  ordering  it,  and  he  shall  be  en- 
titled to  receive  for  the  same  six  cents  per  folio:  Provided,  That  in 
case  the  prosecuting  attorney  should  desire  a  transcript  of  said  notes, 
the  same  shall  be  paid  by  the  auditor  (auditors)  of  Wayne  county  at  a 
rate  of  six  cents  per  folio:  And  provided,  further,  That  in  case  the 
judges  of  said  courts  shall  desire  a  copy  for  their  personal  use,  the 
same  shall  be  furnished  without  compensation. 

(§  072.)  Sec.  5.  Before  entering  upon  the  duties  of  his  office, 
the  stenographer  shall  take  and  subscribe  the  official  oath  prescribed 
by  the  constitution,  which  oath  shall  be  administered  by  the  presiding 
judge. 

This  act  is  ordered  to  take  immediate  effect. 

Approved  June  7,  1&89. 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT.  357 

police  COURT.  Chapter  24 


DISORDERLY    PERSONS. 

An  Act  to  provide  for   the  punishment  of  disorderly  persons  in  the 
City  of  Detroit,  and  also  to  provide  for  the  support  of 
their  wives  and  children.       (Act  ap- 
proved June  2,  1881.) 

(§  673.)     SECTION  1.       The  People  of  the  State   of  Michigan  enact,  Disorderly 

persons. 

That  all  persons,  residents  of  the  City  of  Detroit,  who  refuse  or  neg- 
lect to  support  their  families,  shall  be  deemed  disorderly  persons  and 

Who  are. 
guilty  of  a  misdemeanor:     Provided,  That  if  upon  the  examination  it 

shall  appear  to  the  satisfaction  of  the  police  justice  thatthe  defendant's 

.,,,..  'When  not 

neglect  to  support  his  said  lamily  was  occasioned  by  sickness  or  other  liable. 
physical  or  mental  disability,  or  for  other  good  cause,  the  same  shall 
constitute  a  good  defense  to  said  charge. 

(§  674.)  Sec  2.  Upon  complaint  made  on  oath  to  the  police  Police  justice 
justice  of  the  City  of  Detroit,  against  any  person  charged  with  the 
foregoing  offense,  and  committed  within  the  limits  of  said  city,  he 
shall  examine  the  complainant  on  oath  and  the  witnesses  produced  by 
him  or  her,  and  shall  reduce  the.  complaint  to  writing,  and  cause  the 
same  to  be  subscribed  by  said  complainant:  And  if  it  shall  appear 
that  such  oil'ense  has  been  committed,  he  shall  issue  his  warrant  re-Toiss 
citing  the  substance  of  the  complaint,  and  requiring  such  person  so 
charged  to  be  brought  before  him  to  be  dealt  with  according  to  law, 
of  which  notice  in  writing  shall  be  given  to  the  secretary  of  the  wmmiSone«. 
board  of  poor  commissioners,  and  in  accordance  with  the  provisions  of 
"An  act  to  establish  a  police  court  in   the  city  of  Detroit,"  approved 


ssue 

warrants. 


358  LAW'S    RELATING    TO   THE   CITY   OF  DETROIT. 

I'll  urn;    24.  POLICE  COURT. 


April  two,  eighteen  hundred  and  fifty,  and  the  amendments  thereto, 
except  as  is  provided  for  in  the  following  section: 

Penalty.  (§  075.)     Sec.   3.      On  conviction  for  such  offense,  such  person 

shall  be  imprisoned  in  the  Detroit  house  of  correction  for  the  period 
of  not  more  than  ninety  days. 


Police  justice 


(§  670.)    Sec.  4.     The  said  police  justice,  on  application  therefor, 


cate'to  vior'^  shau  giye  to  the  wife  or  children  of  such  person  so  convicted,  if  he 
shall  be  satisfied  that  they  are  liable  to  become  a  burden  on  the  pub- 
lic, a  certificate,  duly  certified,  of  such  conviction,  and  setting  forth 
the  cause  thereof  and  the  term  of  imprisonment,  which,  on  being  pre- 
sented to  the  commissioners  of  the  poor  for  the  city  of  Detroit,  shall 
be  evidence  of  the  facts  therein  stated,  whereupon  the  following  al- 

Eeiief  of  lowances,  in  money  or  in  kind,  shall  be  made  by  said  commissioners 

dependents  * 

family.  out  of  the  poor  fund  provided  for  the  support  of   the  dependent  poor 

of  said  city,  during  the  term  of  imprisonment  of  such  person  so  con- 
victed, to  wit:  If  there  be  a  wife  and  child  or  children,  the  sum  of 
thirty  cents  per  day;  if  there  be  a  wife,  but  no  children,  the  sum  of 
twenty  cents  per  day,  and  which  said  sums  shall  be  paid  at  the  end  of 
each  wTeek  by  said  commissioners  to  the  above  described  persons. 

(§  678.)    Sec.  5.     This  act  shall  apply  onl}'  to  the  city  of  Detroit. 
All  acts  inconsistent  herewith  are  hereby  repealed. 

Ordered  to  take  immediate  effect. 

Approved  June  2,  1881. 


CHAPTER  XXV. 


JUSTICES'   COURTS   IN   THE   CITY  OF   DETROIT. 

An  act  relative  to  justices'  courts  in  the  city  of  Detroit.     (Act  ap- 
proved April  25,  1883.) 

(§  678.)     Section  1.     There  shall  be  four  justices  of  the  peace  in 

Four  justices 

and  for  the  city  of  Detroit,  who  shall  be  elected  at  the  regular  charter to  be  elected- 
election  of  said  city,  or  at  any  general  election  held  therein, 
in  the  same  manner  and  shall  hold  their  office  for  the  same  term,  pos- 
sess the  same  jurisdiction,  powers,  duties  and  liabilities  as  justices  of  dutTesT  a"d 
the  peace  for  townships,  and  the  files,  records  and  dockets  belonging 
or  appertaining  to  those  offices  of  justices  of  the  peace  abolished  by 
the  act  of  which  this  act  is  amendatory,  shall  belong  to  and  be  filed 
and  safely  kept  in  the  clerk's  office  hereinafter  mentioned;  and  that 
justice  of  the  peace  whose  office  shall  soonest  expire  by  its  own  limit- 
ation shall  be  and  is  hereby  authorized  and  empowered  to  issue  ex- 
ecutions upon  any  judgment  appearing  upon  any  of  said  dockets  in 
the  same  manner  and  with  like  effect  as  if  such  judgment  had  been 
rendered  by  him.     The   fourth  justice  of  the  peace  herein  provided  Election  and 

term  of  addi- 

for  shall  be  elected  at  the  general  election  to  be  held  in  the  spring  of  tionai  justices 
eighteen  hundred  and  eighty-five,  and  shall  at  once  thereafter  assume 
the  duties  of  his  office,  the  same  as  though  he  were  elected  to  fill  a 
vacancy,  and  his  term  of  office  shall  expire  on  the  fourth  day  of  July, 


360 


LAWS    RJ  RATING   To   THE    CITY   OF    DETROIT. 


Chapti  k  85. 


I'USTICES'  COURTS  01     I  11  1    CITY  OF  D I  1KOIT. 


eighteen  hundred  and  eighty  eight,  and  thereafter  his  successor  shall 
be  elected  tor  the  term  of  four  years,  as  provided  by  the  general  stat- 
ute.     (As  amended  .March   IT,  L885.) 


Auditors  to 
provide  court 
room  . 


(§  679.)  Sec.  2.  The  auditors  of  the  county  of  Wayne  shall  pro- 
vide a  suitable  court  room  for  the  accommodation  of  each  of  said  justices 
of  the  peace,  and  also  an  office  for  the  clerks  hereinafter  mentioned, 
also  one  jury  room,  which  office  and  rooms  shall  be  contiguous  to 
each  other:  and  the  said  auditors  shall  also  provide  the  necessary 
dockets,  books  (including  a  set  of  Michigan  Reports),  blanks,  station- 
ery, furniture,  and  fuel  for  the  use  of  said  justices  and  clerk.  (As 
amended  March  17,  1880.) 


Salary. 


Hours  of 
office. 


(§650.)     Sec.   3.     Each  of  said  justices  of  the  peace  shall  be  en- 
titled to  receive  from  the  treasury  of  the  county  of  Wayne  an  annual 
salary  to  be  determined  by  the  board  of   county  auditors  in  June  for 
the  following  year,  not  exceeding  two  thousand  dollars,  payable  in 
monthly  installments,  on  the  certificate  of  the  said  auditors.     And 
each  of  said  justices  shall  have  the   court  room  open,  and  he  shall  be 
in  attendance  at  the  duties  of   his  office  therein,  at  least  from  nine 
o'clock  in  the  morning  until  twelve  o'clock  noon,  and  from  two  o'clock 
until  four  o'clock  in  the  afternoon:     Provided,  That  where  either  one 
of  said  justices  is  actually  engaged  in  a  trial  of  a  suit  he  shall  thus 
attend  at  least  until  five  o'clock  in  the  afternoon  when  it  shall  be 
necessary  to  do  so  iu  order  to  finish  the  trial  of  such  suit.     And  the 
said  clerk's  office  shall  be  open  continuously  from  nine  o'clock  in  the 
forenoon  until  five  o'clock  in  the  afternoon  of  each  day,  except  all 
legal  holidays.     (As  amended  by  act  approved  June  27,  1889.) 


Clerk. 


(§  G81.)  Sec.  4.  There  shall  be  one  clerk  for  said  justices  of  the 
peace  to  be  known  as  the  "clerk  for  the  justices'  courts  for  Detroit,"' 
who  shall  be  appointed  by  said  auditors  on  the  first  .Tuesday  after  the- 


LAWS    RELATING   TO   THE   CITY   OF   DETROIT.  361 

JUSTICES'  COURTS  OF   THE  CITVOF  DETROIT.  CHAPTER  "-":> 


first  Monday  in  January  of  each  year,  to  hold  office  for  the  term  of 
one  year,  to  commence  February  first,  after  such  appointment:  Pro- 
vided, That  the  present  clerk  of  "justices'  courts  of  Detroit,"  shall 
hold  his  office  until  the  first  day  of  February,  one  thousand  eight 
hundred  and  ninety-four,  unless  sooner  removed.     Such  appointment 

Appointment 

shall  be  made  on  the  written  recommendation  of  a  majority  of  said  of  clerk, 
justices  holding  office,  on  or  before  January  first  of  each  year,  which 
recommendation  shall  be  tiled  with  said  auditors.  If,  for  any  reason, 
such  recommendation  be  not  so  made  and  filed  by  said  last  named 
date,  then  the  said  auditors  shall  make  such  appointment  on  their  own 
motion,  and  said  clerk's  term  of  office  shall  be  one  year,  dating  from 
February  first  of  each  year,  and  he  shall  receive  an  annual  salary  to 
be  determined  by  the  board  of  county  auditors  in  January  for  the  fol- 
lowing year,  not  exceeding  fifteen  hundred  dollars,  payable  in  month-  salary  of  clerk, 
ly  installments  from  the  treasury  of  said  county,  for  the  faithful  dis- 
charge of  the  duties  of  his  office;  but  the  said  auditors  may  at  any 
time  revoke  the  appointment  of  said  clerk  for  cause,  on  the  written 
recommendation  of  all  of  said  justices  of  the  peace.  The  said  clerk  Deputy  clerks. 
shall  have  power  to  appoint  one  or  more  deputies  when  the  necessity 
therefor  shall  be  certified  to  by  the  said  justices,  and  may  revoke  such 
appointment  at  pleasure,  which  appointment  and  revocation  shall  be 
operative  from  the  time  of  filing  the  certificate  thereof  with  the  said  audi- 
tors.    Such  deputies  shall  be  authorized  to  administer  oaths  and  per- 

Powers  of 
form  generally  the  duties  of  said  clerk,  and  they  shall  receive  as  com-  deputies. 

pensation  such  salaries,  payable  monthly,  from  the  treasurer  of  said 
county,  as  the  said  auditors  may  determine,  not  exceeding  the  sum  of  Salaries  of 

deputies. 

one  thousand  dollars  per  annum.     The  said  clerk  may  require  of  each 

of  said  deputies  a  good  and  sufficient  bond,  with  a  surety  or   sureties  deputies. 

in  such  amount  and  with  such  conditions  as  he  may  think  proper.     It 

•  Duty  of  clerks. 

shall  be  the  duty  of  said  clerk  to  keep  a  true   and  complete  record  of 
each  of  said  justices'  courts,  with  the  assistance  of  the  said  respective 


;,,.-  LAWS    RELATING    To   THE   CITY   OK   DETROIT. 

I    HAPTER  36  JUSTICES'  COUKTS  OF  THE  CITY  Ol    DETROIT. 


Bond  of  clerk. 


justices  of  tin'  peace,  and   enter  all  judgments  in  the  docket  of  the 
justices  rendering  the  same,  in  the  time  and  manner  provided  by  law; 
and  after  Buch  entry  each  judgment  shall  be  signed  by  the  justice  by 
whom  it  is  rendered.    The  said  clerk  shall  also  file  and  safely   keep 
all  books  and  papers  belonging  or  appertaining  to  the  said  courts,  and 
enter  in  a  book   provided  for  that  purpose,  a  list  of  the  names  of  all 
he  jurors  that  sit  on  the  trial  of  cases  before  the  said  justices,   with 
the  names  arranged  in  alphabetical  order,  together  with  the  date  or 
dates  on  which  each  juror  so  sat,  with  a  reference  to  the  page  of  the 
docket  where  the  proceedings  of  the  trial   are  entered;  he  shall   al&o 
make  all  writs  returnable  to  the  said  justices  in  regular  rotation,  and 
if  upon  the  return  or  return  adjourned  day  of  any  cause,  the   justice 
issuing  the   process  therein  shall  be  absent  at  the  time  to  which  the 
same  is  adjourned  or  the  process  therein  made  returnable,  the   next 
justice  in  the  regular  order  of  issuing  writs,  if  present,  and  if  not,  one 
of  the  other  justices  shall  have  the  same  jurisdiction  to  proceed  there- 
in as  though  it  had  originally  been   commenced  before  him;  but  the 
record  thereof  shall  be  entered  in  the  docket  of  the  justice  issuing  the 
original  process.     The  said  clerk  shall  receive  all  costs,  fines  and  dues 
of  every  description,  which  are  provided  by  law  in  all  proceedings  in 
said  justices' courts,  and  shall  pay  the  same  weekly  to  the  treasurer 
of  said  county,  and  shall  take  his  receipt  therefor.     He   6hall  have 
power  generally  to  administer  oaths  and  take  affidavits,  and   before 
entering  upon  the  duties  of  his  office,  he  shall  make  and  file  in  the 
office  of  the  clerk  of  said  county,  a  bond  in  the   penal  sum  of  three 
thousand  dollars,  with  two  or  more  sufficient  sureties  to  be  approved 
by   the   said   county   auditors   conditioned   that  the   said  clerk    shall 
weekly  well  and  truly  pay  to  the  said  county  treasurer  all  moneys  re- 
ceived by  him  as  said  clerk,  for  the  use  of  said  county,  and  otherwise 
fully  and  faithfully  discharge  all  the  duties  of  his  said  office.      (As 
amended  by  act  approved  March  6,  1893.) 


LAWS   RELATING   TO   THE    CITY   OK   DETROIT.  363 


JUSTICES'  COl'KTS  OF  THE  CITY  OF  DETHOIT. 


Chapter  25 


(§  682.)  Sec.  5.  Before  any  civil  action  or  proceeding,  except 
proceeding  in  garnishment,  shall  be  commenced  in  any  of  said  courts, 
there  shall  be  paid  to  the  said  clerk,  by  the  party  bringing  the  same, 
the  sum  of  fifty  cents,  and  before  the  trial  of  any  such  action  or  pro- 
ceeding shall  be  commenced,  the  further  sum  of  fifty  cents;  but  in 
case  of  non-suit,  no  judgment  fee  shall  be  required,  and  proceedings 
in  garnishment  shall  be  treated  as  part  of  the  principal  case,  and  no 
additional  fee  shall  be  charged  therefor,  up  to  and  including  the 
entry  of  judgment  therein.  If  any  person  shall  satisfy  one  of  said 
justices,  by  affidavit,  that  he  has  a  good,  meritorious  cause  of  action 
for  personal  services  against  another,  within  the  jurisdiction  of  said 
courts,  and  that  he  has  made  a  personal  demand  of  payment  therefor 
of  the  debtor,  and  that  such  payment  has  been  refused,  and  shall 
therein  also  state  the  name  and  residence  of  the  debtor,  and  the 
amount  due,  over  and  above  all  legal  set-offs,  the  justice  to  whom 
such  affidavit  is  presented,  may,  in  his  discretion,  indorse  on  such  affi- 
davit directions  to  the  said  clerk  to  cause  to  be  issued  the  proper  writ 

Justice  may 

in  the  case  before  one  of  the  other  of  said  justices,  without  charge  for  ord«  costs 

court   fees  for  the  commencement  or   trial  of   such  cause.     If  the 

plaintiff  in  such  case  recover  judgment,  he  shall  be  entitled  to  tax,  as 

Taxed  costs. 

part  of  his  costs,  an  attorney  fee  of  five  dollars;  and  the  usual  court 
fees  shall  also  be  taxed  against  the  defendant,  but  in  favor  of  said 
county.  If  the  defendant  obtain  judgment  in  such  cause,  the  said 
court  fees  shall,  in  like  manner,  and  for  like  purpose,  be  taxed  against 
the  plaintiff.  Nothing  herein  contained  shall  be  so  construed  as  to 
prevent  the  circuit  court  for  the  county  of  Wayne,  on  an  appeal  for 
any  such  cause,  to  require  the  plaintiff  therein  to  give  security  for 
«osts,  as  in  other  cases.  If  any  party  demand  a  jury  in  any  action  in 
said  court,  he  shall  advance  the  fees  therefor,  and  the  same  shall  be 
disposed  of  by  the  said  clerk  as  is  now  provided  by  the  general  statute 
of  the  state  governing  justices'  courts.     Before  any  affidavit,  or  writ, 


VM  CAWS    RELATING    TO   THE   CITY   OF    DETROIT. 

Chapter  25.  [ustices'  courts  of  the  city  of  Detroit. 


or  certiorari  shall  be  served  on  any  one  of  said  justices  of  the  peace, 
in  addition  to  the  let's  allowed  by  law  for  making  returns  to  an  appeal 
or  certiorari^  the  entry  fee,  on  filing  the  same  in  the  circuit  court, 
shall  be  paid  to  said  clerk  by  the  appellant,  or  plaintiff  in  error,  and 
the  said  clerk  shall,  as  early  as  practicable,  file  the  return  to  such  ap- 
peal, or  writ  of  certiorari,  in  the  office  of  the  clerk  of  the  circuit  court 
for  the  county  of  Wayne,  and  pay  over  the  entry  fee  so  advanced  to 
him  as  aforesaid.  The  money  so  paid  to  said  clerk  of  justices'  court 
shall  be  for  the  use  of  said  county,  and  shall  be  held  to  be  in  full  of 
all  fees  in  civil  action,  from  the  commencement  thereof  to  and  in- 
cluding the  issuing  of  execution  therein.  The  sum  or  sums  so  paid, 
including  the  jury  fees,  shall  be  taxed  as  cost  of  suit  in  favor  of  the 
party  paying  the  same,  if  he  be  the  prevailing  party  in  the  suit,  in  ad- 
dition to  any  other  costs  to  which  he  may  be  entitled  by  law.  In 
criminal  cases  the  same  costs  shall  be  paid,  and  in  the  same  manner 
as  in  such  proceedings  before  justices  of  the  peace  in  townships,  ex- 
cept that  the  same  shall  be  paid  to  the  said  clerk,  as  in  civil  cases  is 
provided.     (As  amended  March  17,  1885.) 

Exclusive  r?  683)     gEC   (j      The  said   justices  of  the  peace  of   the  city  of 

jurisdiction,  v'  j  i  j 

Detroit  shall,  as  against  all  other  justices  of  the  peace,  have  exclusive 
jurisdiction  of  all  actions  and  proceedings  within  their  jurisdiction, 
where  both  of  the  parties  thereto  shall,  at  the  time  of  the  commence- 
ment of  such  action  or  proceeding,  be  residents  of  said  city.  They 
shall  also  have  a  like  exclusive  jurisdiction  where  the  original  cause 
of  action  existed  in  favor  of  a  resident  of  said  city,  but  has  been  by 
him  assigned.     (As  amended  March  17,  1885.) 

Fees  (§  684.)     Sec.  7.     This  act  shall  in  no  way  affect  the  fees  to  which 

justices  of  the  peace  may  be  entitled  on  the  performance  of  marriage 
ceremonies,  taking  acknowledgments  and  administering  oaths  in  mat- 
ters not  connected  with  any  litigation  in  said  justices'  courts,  nor  shall 


LAWS   RELATING   To    THE   CITY   OF    DETROIT.  365 

JUSTICES''  COURTS  OF  THE  CITY  OF  DETROIT.  CHAPTER   25 


it  affect  the    fees   to   which   constables   are   entitled,   or   the   present 
method  of  paying  them.     (As  amended  March  IT,  1885.) 

(§  685.)     Sec.  8.     The  service  of  a  summons  under  this  act,  may 

Service  of 

be  made  in  the  manner  prescribed  in  section  fourteen  of  act  number  summons. 
one  hundred  and  ninety-one,  of  the  public  acts  of  eighteen  hundred 
and   seventy-nine,   being   section   six   thousand    eight   hundred   and 
twenty-seven  of  Howell's  Annotated  Statutes.     (As  added  by   session 
laws  of  1885,  approved  March  17,  1885.) 


366  i.wvs    RELATING    TO   THE   CITY   OF    DETROIT. 

Chapter  36.  justices'  courts  oi  mm  i  i  i  \  oi   Detroit. 


u  X    RELATING    TO   THE   JURISDICTION    OF    JUSTICES   OF   THE   I'EACE    IN 
WAYNE    COUNTY. 

An  Act  to  amend  section  five  of  chapter  one  hundred  and  seventy - 
eieht  of  the  compiled  laws  of  eighteen  hundred  and  seventy  one, 
entitled,  "  An  act  to  amend  chapter  ninety-three  of  the  revised 
statutes  of  eighteen  hundred  and  forty-six,  entitled,  'Of  courts  held 
by  justices  of  the  peace,'"  the  same  being  section  six  thousand 
eight  hundred  and  eighteen,  of  Howell's  Annotated  Statutes. 

(§  686.)  SECTION  1.  The  people  of  the  State  of  Michigan  enact t 
That  section  five  of  chapter  one  hundred  and  seventy-eight  of  the 
compiled  laws  of  eighteen  hundred  and  seventy-one,  entitled,  "  An 
act  to  amend  chapter  ninety-three  of  the  revised  statutes  of  eighteen 
hundred  and  forty-six,  entitled,  'Of  courts  held  by  justices  of  the 
peace,'  "  the  same  being  six  thousand  eight  hundred  and  eighteen  of 
Howell's  Annotated  Statutes,  be  and  the  same  is  hereby  amended  so 
as  to  read  as  follows: 

(§  687.)  Sec.  5.  Every  action  commenced  in  such  court  shall  be 
brought  before  some  justice  of  the  peace  of  the  city  or  township 
where: 

First — The  plaintiffs  or  any  of  them  reside;  or, 
Second— Where  the  defendants  or  any  of  them  reside;  or, 
Third — Before  some  justice  of  another  township  or  city,  in  the 
same  county,  next  adjoining  the  residence  of  the  plaintiff  or  defend- 
ants:    Provided,  however,  That  no  justice  of  the  peace  of  any  of  the 
townships  in  the  county  of  Wayne   shall  have  jurisdiction  over  any 


LAWS   RELATING   TO   THK   CITY   OF    DETROIT.  367 

JUSTICES'  COURTS  OF  THE  CITY  OF  DETROIT  ChAPTRK    25 


cause  or  proceeding,  where  both  parties  to  the  same  or  one  or  more  of 
the  plaintiffs  and  one  or  more  of  the  defendants  reside  in  the  city  of 
Detroit  at  the  time  of  the  commencement  of  the  proceeding  or  cause, 
nor  in  case  where  the  original  action  existed  in  favor  of  a  plaintiff  and 
*  against  a  defendant,  both  residents  of  said  city,  and  has  been  assigned 
to  a  non-resident  of  said  city ;  or, 

Fourth — Before  some  justice  of  a  city  in  the  same  county,  formed 
from  a  township,  or  townships,  next  adjoiuing  the  residence  of  the 
plaintiff,  or  defendant,  or  one  of  the  plaintiffs  or  defendants:  Pro- 
vided, That  nothing  herein  contained  shall  change  or  limit  the  juris- 
diction of  a  justice  of  the  peace  where  the  same  has  been  prescribed 
by  the  charter  of  an  incorporated  city. 

Approved  May  27th,  1885. 


CHAPTER  XXVI. 


REGISTRATION    OF    BIRTHS    AND    DEATHS. 

An  Act  to  provide  for  the  registration  of  births,  marriages  and  deaths. 

(Act  No.  194,  Laws  of  1867.)     (Section  1,  Chapter  xxiii., 

Howell's  Annotated  Statutes  1882.) 

(§  688.)     Section   1.      The  People  of  the.  State  of  Michigan  enact, 

Supervisors 

That  it  shall  be  the  duty  of  the  supervisor  of  each  township,  and  the  and  assessors 

L  '  to  appoint  per- 

supervisor  or  assessor  of  any  city  or  ward  therein  in  this  state,  between  regulation? 
the  tenth  day  of  April  and  the  first  day  of  June,  in  the  year  eighteen 
hundred  and  sixty-nine,  to  ascertain  by  actual  inquiry,  or  otherwise, 
of  the  inhabitants  thereof,  the  births  and  deaths  which  have  occurred 
in  their  respective  townships,  cities  or  wards,  from  and  including 
April  fifth,  eighteen  hundred  and  sixty-eight,  too  and  including  De- 
cember thirty-first,  eighteen  hundred  and  sixty-eight,  together  with  the 
facts  relative  thereto,  as  are  hereinafter  provided  for,  and  shall  make 
an  accurate  return  thereof  to  the  clerk  of  the  county  in  which  said  „  .        .    . 

■'  Returns  to  be 

township  or  city  is  situated,  on  or  before  the  first  day  of  June;  and  for  county  derk. 
such  service  shall  receive  ten  cents  for  each  birth  and  death  so  re- 
turned by  them,  to  be  paid  by  the  county  in  which  such  returns  are 


made.     In  the  year  eighteen  hundred  and  seventy,  and  in  each  and  Time  of  taking. 

Returns  to  be 

everyyearthereafter.it  shall  be  the  duty  of  the  officers  above  men-  for  year  last 

preceding. 

tioned,  between  the  tenth  day  of  April  and  the  first  day  of  June,  to 

...  ,    .  .  ,  .  ,.,.,,.  Statistics:  how 

ascertain  by  actual  inquiry,  or  otherwise,  of  the  inhabitants  thereof,  obtained, 
the  births  and  deaths  which   have  occurred  in  their  respective  town- 
ships, cities  or  wards  during  the  year  ending  on  the  last  day  of  the 


37°  l.AUs    RELATING    r0    THE    CITY   OK   DETROIT. 

Chapter  26.  registration  or  births  and  deaths. 


Compensation,  preceding  December,  and  shall  make  the  return  and  receive  therefor 
Proviso  reia-     *ne  compensation  above  provided  f or:    Provided,   rhat  in  the  city  of 

tive  to  the  city 

of  Detroit         Detroit  the  duties  required  by  this  act  to  lie  performed  by  supervisors 

and  assessors  shall  be  performed  by  persons  appointed  bv  the  com 

appointper-        mon  council  for  that  purpose:  and  it  shall  be  the  duty  of  the  common 
sons  to  act  in 

thecityof  council,  on  or  before  the  tenth  day  of  April  in  each  year,  to  appoint 

Detroit. 

such  number  of  persons  in  each  ward  of  said  city  as  shall  be  neces- 
sary to  perform  said  duties  within  the  time  limited  by  this  act;  and 
such  persons  shall  possess  all  the  authority  conferred  upon,  and  per- 
form all  the  duties  required  of  supervisors  and  assessors  by  this  act, 
within  the  territory  assigned  them,  respectively,  by  the  common  coun- 
Compensation     cil,  and  shall   receive  such  compensation  for  their  services,  not  ex- 

of  persons  so 

appomte  .  ceeding  the  sum  allowed  by  this  act  to  supervisors  and  assessors,  as 
shall   be  fixed   by  the  common   council,  to  be   paid  by  the  county  of 

How  paid.  Wayne,  and  shall  be  liable  to  the  same  penalties  for  refusal  or  neglect 

to  perform  any  of  said  duties.  (As  amended  by  act  125,  Laws  of  1869, 
p.  214.) 


CHAPTER  XXVII. 

PURCHASING   FRANCHISES  OF  PLANK  ROAD  COMPANIES. 

An  Act  relative  to  the  Detroit  &  Howell  Plank  Road  Company. 

(§  6<S9.)     Section  1.      The  People  of  the  State  of  Michigan  enact. 

J  S  '  D.  &  H. 

That  the  city  of  Detroit  is  authorized  to  purchase  for  the  free  use  of  plankR°ad- 

the  public,  at  a  valuation  to  be  agreed  upon,  all.  the  rights  of  the  De- 
troit «fe  Howell  Plank  Road  Company  in  any  street  of  said  city  of 
Detroit. 

(§690.)     Sec  2.     In  case  no  satisfactory  agreement  can  be   made  city  may 

condemn 

with  the  directors  of  said  company  for  said  purchase,  then  the  said  right-of-way. 
city  of  Detroit,  by  its  proper  officers,  is  authorized  to  condemn  for 
public  use  all  the  rights  of  said  plank  road  company  in  any  street  in 
.-aid  city,  in  the  same  way  in  which  the  lands  or  property  of  individ- 
uals is  condemned  for  the  use  of  streets  under  the  laws  applicable 
thereto. 

This  act  is  ordered  to  take  immediate  effect. 

Approved  May  19,  1881. 


i.wvs    RELATING    TO   THE   CITY   OV    DETROIT. 
Chapter  27,  purchasing  franchises  oi  pj  \m>  road  companies, 


DETROIT     >Y      SALINE      PLANK     ROAD     COMPANY       I'OWKH      Id     PURCHASE 
OB    CONDEMN. 

Aii  Act  to  authorize  the  city  of  Detroit  to  purchase  or  condemn  for 

the  use  of  the  public  all  the  rights  of  the  Detroit  &  Saline 

plank  road  company  in  any  street  in  said  city. 

(§  091.)  SECTION  1.  The  /'< ople  of  the  State  of  Michigan  enact) 
That  the  city  of  Detroit  is  authorized  to  purchase  for  the  free  use  of 
the  public,  at  a  valuation  to  be  agreed  upon,  all  the  rights  of  the  De- 
troit ifc  Saline  plank  road  company,  in  any  street  of  said  city  of  De- 
troit. 

(?  692.)    Sec.  2.     In  case  no  satisfactory  agreement  can  be  made 
City  may  with  the  directors  of  said  company  for  said  purchase,  then  the  said 

COIKK""" 


D.  &  S. 
Plank  Road. 


oiiin 


city  of  Detroit,  by  its  proper  officers,  is  authorized  and  empowered  to 
condemn  for  public  use  all  the  rights  of  said  plank  road  company  in 
any  street  in  said  city,  in  the  same  way  in  which  the  land  or  property 
of  individuals  is  condemned  for  the  use  of  streets  under  the  laws 
applicable  thereto. 

This  act  is  ordered  to  take  immediate  effect. 
Approved  May  31,  1881. 


LAWS    RELATING   TO   THE   CITY   OF   DETROIT. 


PURCHASING   Kl<  \N<  illsl  s  (]|     IM.  \\K    UdAD  COMPANIES. 


DETROIT  &  SALINE  PLANK  ROAD  COMPANY. 

All  Act  to  repeal  an  act  entitled,  "An  act   to   incorporate   the   Detroit 
&   Saline  Plank  Road   Company,"  approved  March   twenty- 
third,  eighteen  hundred  and  forty-eight,  and  to  pro- 
vide for  winding  up  the  affairs  of 
said   company. 

(§  693.)     SECTION  1.      The  people  of  the  State  of  Michigan  enact, 
That  an  act  entitled,   "An  act  to  incorporate  the  Detroit  &   Saline      p  ' 
Plank  Road  Company,"  approved  March  twenty-third,  eighteen  hun- 
dred and  forty-eight,  and  all  acts  amendatory  thereof,  be  and  the  same 
are  hereby  repealed. 

(§  694.)  Sec  2.  Proceedings  to  wind  up  the  affairs  of  said  cor- 
poration may  be  instituted  in  the  circuit  court  for  the  county  of 
Wayne  in  the  same  manner  and  with  the  same  force  and  effect  as  in 
cases  where  judgment  of  forfeiture  has  been  rendered  or  the  corpora- 
tion has  expired  by  limitation  of  time. 

This  act  is  ordered  to  take  immediate  effect. 

Approved  June  2nd,  1893. 


CHAPTER  XXVIII. 


MANUFACTURE    AND    SALE    OF    ILLUMINATING   GAS. 

An  Act  to  authorize  the   common  council  of  the  city  of  Detroit  to 

manufacture  and  sell  illuminating  gas.     (Act  No.  33!), 

Laws  of  1875,  approved  April  22d,  1875.) 

(S  695.)     Section  1.      The  People  of  the  State  of  Michigan  enact, 

Va  r   ■     '  J  S  '  Authority  to 

That  there  shall  be  appointed  by  the  common  council  of  the  city  of  3mUs1oners 
Detroit,  on  the  nomination  of  the  mayor,  four  freeholders  and  electors 
of  the  city  of  Detroit,  who  shall  constitute  a  board  to  be  known  and 
designated  as  "The  board  of  gas  commissioners  of  the  city  of  De- 
troit." Such  persons  shall  hold  their  offices  for  the  term  of  one,  two,  Term  of  office. 
three  and  four  years,  respectively,  from  the  time  of  their  appoint- 
ment, which  term  shall  be  determined  by  lot,  in  the  manner  pre- 
scribed by  ordinance  for  drawing  lots.  Each  succeeding  member  so 
appointed  by  the  council  shall  be  nominated  in  like  manner  on  the 
second  Tuesday  before  the  expiration  of  the  term  of  office  of  any 
member  whose  term  will  next  expire,  and  for  the  term  of  four  years; 

all  vacancies  in  said  board,  whether  by  expiration  of  term  of  service  „, 

*  \  acancies. 

or  otherwise,  shall  be  tilled  by  the  nomination  of  the  mayor,  and  be 
confirmed  by  the  common  council. 

(§  096.)     Sec  2.     That  the  persons  constituting  said  board  when 

appointed,  and  their  successors  in  office,  shall  be  known  by  the  name  powers  of 

commissioners, 
and  style  of    "The  board  of  gas  commissioners  of  the  city  of   De- 
troit," and  by  that   name  shall  have   power  to  contract,  sue  and  be 
sued,  to  purchase,  hold  and  convey  real  and  personal  estate,  to  have  a 


^T'1 


CAWS    RELATING    TO   THE   CITY   OK   DETROIT. 


I'll  M'lHK    88. 


MANUFACTUR]     VND  SALE  OI     ILLUMINATING  GAS. 


President,  anil 
vacancv  in 
office  of. 


common  seal,  to  alter  and  change  the  same  at  pleasure,  to  make  by 

laws   and   ordinances,  and   do  all   legal  acts  which    may  bo   necessary 
and  proper  to  carry  into  effect  the  intent  and  object  of  this  act. 

i  \  697.)     Seg.  3,     The  said  commissioners   shall  choose  one  of 

their  own  number  as  president,  who  shall   hold  his  office  during  the 

term  for  which  lie  was  appointed,  and  in  case  of  a  vacancy  occurring 

in  his  office,  by  his  removal  from   the  city,  or  from  office,  resignation, 

death   or  otherwise,  the  board  shall  appoint  his  successor  as  such 

president,  during  the  term  of  such  person  so  appointed.     They  shall 
Secretary  to 
be  appointed,     also  appoint  some  suitable  and  proper  person  as  secretary,  who  shall 

hold  his  office  at  the  pleasure  of  said  board,  and  employ  superintend- 
ents, surveyors,  engineers,  collectors,  clerks  and  others  as  shall  be 
necessary  to  enable  them  to  perform  the  duties  of  this  act;  but  in  no 

to'serve810"  'S  case  shall  said  commissioners  receive,  directly  or  indirectly,  any  com- 
gratuitously. 

pensation  for  their  own  services. 


Also,  other 
officers. 


Commissioners 

may  be 

removed. 


(§  698.)  Sec.  4.  Any  member  of  said  board  of  commissioners 
may  at  any  time  be  removed  by  a  vote  of  two-thirds  of  the  members 
elect  of  the  common  council  of  said  city,  for  sufficient  cause,  and  the 
proceedings  in  that  behalf  shall  be  entered  on  their  journal:  Pro- 
vided, That  the  said  common  council  shall  previously  cause  a  copy 
of  the  charges  preferred  against  the  commissioner  sought  to  be  re- 
moved, and  notice  of  the  time  and  place  of  hearing  the  same,  to  be 
served  on  him  ten  days  at  least  previous  to  the  time  assigned. 

(§  699.)  Sec.  5.  No  one  or  more  of  the  said  commissioners  shall 
be  interested,  directly  or  indirectly,  in  any  contract  entered  into  by 
them,  with  any  other  person;  nor  shall  they  be  interested,  either 
direetly  or  indirectly,  in  the  purchase  of  any  material  to  be  used  or 
applied  in  and  about,  the  uses  and  purposes  contemplated  by  this   act. 

Consider  all  (§  700.)     Sec.  7.     It  shall  be  the  duty  of  said  commissioners   to 

matters  relative 

to  manufacture   eXamine  and  consider  all  matters  relative  to  manufacturing  and  sup- 

of  gas. 


Not  to  be 
interested  in 
contracts. 


LAWS    RELATING   TO   THK    CITY   OF    DETROIT.  377 

MANUFACTURE  AND  SALE  OF  ILLUMINATING  GAS.  '    HAFTER    28 


plying  the  city  of  Detroit,  for  the  use  of  its  inhabitants,  with  a  suffi- 
cient quantity  of  illuminating  gas,  and  as  soon  as  the  necessary  funds 
shall  have  been  procured  as  hereinafter  provided,  to  purchase  land 
and  materials  for,  and  to  construct  such  works,  buildings,  machinery, 
pipes,  and  fixtures,  as  shall  be  deemed  necessary  for  the  manufactur- 
ing of  a  full  supply  of  gas  for  public  and  private  use  in  said  city. 

fS  701.)     Sec.  7.     Said  commissioners  shall  have    power   to   con-  „ 
"  ■       '  Power  to  con- 

struct reservoirs,  and  lay    pipes    in    and    through    all    streets,    public fayUpipes?make 

rules  and 

places,  and  alleys  of  said  city,  and  to  fix  the  price  of  gas  per  thousand  regulations, 
feet,  or  in  such  other  quantity  or  quantities  as  they  may  deem  neces- 
sary, and  to  make  and  enforce  all  necessary  by-laws,  rules  and  regu- 
lations for  the  use  of,  and  for  the  collection  and  payment  of  said  gas, 
and  for  the  preservation  and  use  of  the  property  of  every  kind  be- 
longing to  said  city:     Provided,    That  the  common  council   may  re- Ricrnls  of 

common  council 

voke,  alter,  change,  and  abolish  any  of  said  rules  and  regulations,  and 
by  resolution  or  ordinance  make  others,  if  necessary,  in  their  place 
and  stead,  which  shall  be  binding  and  be  obeyed  by  said  commission- 
ers and  all  persons  whether  receiving  gas  from  said  city  or  not.  And 
any  such  by-laws,  regulations,  rules,  and  ordinances,  shall  be  evidence 
in  any  court  of  justice:  Provided,  That  such  by-laws  and  regulations 
made  by  said  commissioners  shall  be  entered  at  length  of  record,  iu  a 
book  kept  for  that  purpose,  and  signed  by  the  president  and  secretary. 

(§  702.)     Sec.  8.     The  said  commissioners,  and,  undertheir direc- 
tion, their  agents,  servants,  and  workmen,  are  hereby  authorized   to  purchase'of 

grounds. 

enter  upon  any  land  or  water  for  the  purpose  of  making  surveys,  and 
to  agree  with  the  owner  of,  and  to  purchase  any  property  which  may 
be  required  for  the  purpose  of  this  act,  as  to  the  amount  of  compensa- 
tion to  be  paid  to  said  owner,  and  to  pay  the  same. 

(§  703.)     Sec.  9.     Incase  of  disagreement  between  the  commis- ,,         ,. 

°  Proceedings  n> 

Bionere  and  the  owner  of  any  property  which  may  be  required  for  the  agreement" 


378  LAWS    RELATING    TO    ruv.    CITY   OF    DETROIT. 

Chapter  28.  mancfactcri    vnd  sale  oi  illuminating  gas. 


use  of  said  board,  or  affected  by  any  operation  connected  therewith, 
Ihe  same  proceedings  may  be  taken  to  acquire  the  same,  either  in  fee 
or  for  the  use  thereof,  then  Ihe  necessity  for  taking  or  using  such  lands 
for  such  purposes,  and  the  damages  to  be  paid  thereof,  shall  be  ascer- 
tained, and  for  that  purpose  the  same  proceedings  had  as  is  provided 
for  in  sections  eighteen,  nineteen  and  twenty,  being  amendments  ap- 
proved April  12,  1873,  to  the  act  entitled,  "An  act  to  amend  the  laws 
relative  to  supplying  the  city  of  Detroit  with  pure  and  wholesome 
water,"  approved  April  14,  1853. 

May  purchase  (§  704.)     Sec.  10.     Said  board  shall  have  full  power  and  authority 

works  of  any 

existing  to  purchase  of  any  incorporated  company,  having  the  right  to  erect 

company. 

gas  works,  and  supply  gas  in  the  city  of  Detroit,  its  works,  property 

Proviso.  ,.,  .       ,  ,  „  .  ,    ,  ,         _         .  .    , 

anil  rignts,  and  take  a  conveyance  thereof  to  said  board:  Provided, 
The  consent  of  the  common  council  shall  be  first  obtained  therefor, 
thereupon  the  property  so  purchased  shall  be  held  by  said  board  and 
be  subject  to  all  the  provisions  of  this  act,  and  of  the  rights  of  the 
company  from  whom  they  were  so  purchased. 


(§  705.)     Sec.  11.     Before   any  contract  or  agreement  shall   be 

agreements  or     m&de  by  said  board,  requiring  the  expenditure  or  payment  of  money. 

estimates  to  he 

presented  to       and  before  anj-  obligation  whatever  shall  be  incurred,  said  board  shall 

common  council 

make  and  prepare  an  estimate  to  the  common  council,  annually,  of  the 
amount  immediately  needed  to  purchase  land,  erect  buildings,  ma- 
chinery and  works  for  the  purposes  aforesaid,  and  a  separate  estimate 
of  the  amount  needed  to  lay  the  mains  and  pipes  to  said  works,  to 
purchase  gas  works  already  erected,  and  for  other  purposes  during 

Board  of  the  next  fiscal  year;  which  estimates,  if  approved,  or  so  much  and 

estimates  to 

approve  and       such  part  thereof  as  shall  be  approved   by  the  council,  shall  be  sub- 
decide  whether  ■ 

b^raisedby1      mitted  to  the  board    of  estimates,  and  the  same  shall  be  subject  to 

taxation  or 

by  bonds.  the  action  of  said  board  of    estimates,  the  same  as  other  estimates  are 


LAWS    RELATING   TO   THE   CITY   OF   DETROIT.  379 

MANUFACTURE  AND  SALE  OF  ILLUMINATING  GAS.  CHAPTER    28 


disposed  of;  and  if  allowed,  in  whole  or  pait,  then  such  board  of  esti- 
mates shall  determine  whether  the  amount  shall  be  raised  by  taxa- 
tion or  by  the  issuing  of  bonds,  or  by  both,  and  the  board  of  esti- 
mates shall. determine  when  said  bonds  shall  be  payable,  but  no 
bonds  shall  be  issued  for  the  payment  of  any  interest  thereon  exceed- 
ing seven  per  cent.,  nor  shall  the  same  be  sold  for  less  than  par. 

(§  706.)     Sec.  12.     The  said  commissioners  shall  have  power  to  Commissioners 

may  then 

loan,  from  time  to  time,  upon  the  best  terms  they  can  make,  after  giv- 1SbUe  on  s' 
ing  public  notice,  by  advertising  in  the  city  papers  for  thirty  days,  a 
sum  of  monej  not  exceeding  the  amount  determined  by  the  board  of 
estimates,  upon  the  credit  of  the  city  of  Detroit,  and  shall  have  au- 
thority to  issue  bonds,  pledging  the  faith  and  credit  of  said  city  for 
the  payment  of  the  principal  and  interest  of  said  bonds,  which  bonds 
shall  issue  under  the  seal  of  said  board  of  commissioners,  and  shall 
be  signed  by  the  president  thereof,  the  mayor  and  controller  of  the 
city  of  Detroit,  and  bearing:  interest  not  exceeding  seven  per  cent,  interest 

seven  per  cent. 

per  annum.     And  it  shall  be  the  duty  of  said  commissioners  and  con- 
Must  be 
troller  to  cause  to  be  kept  an  accurate  register  of  all  bonds  issued  by  registered. 

them,  showing  the   number,  date  and  amount  of  each  bond,  and  to 

whom  the  same  was  issued. 


(§  707.)     Sec.  13.     All   moneys   collected    by   taxation,    and     all  Amounts 

raised  to  be 

monevs  received  from  sale  of  bonds,  shall  be  paid  to  the  treasurer  of  deposited  with 

r  city  treasurer. 

the  city  of  Detroit,  who  shall  hold  the  same  subject  to  the  order  of 
said  board,  to  be  drawn  as  required  for  use,  and  in  such  manner  as  the 
common  council  shall  determine. 


(§708.)     Sec.  14.     No  debt  shall  be  created  by  said  board  for  any 

purpose,  at  any  time,  exceeding  the  amount  allowed  by  the  board  of  Debts  limited, 
-estimates,  and    for  the  payment  of  which   bonds   have   been  sold,   or 
assessments  made  and  levied  to  pay  the  same. 


>8o  i.wvs    RELATING    To   THE   OT\    OF    DETROIT. 


ChAPT]  \i  \\l  i   \(    II  Hi:  AND  SAL!    OJ    ILLUMINATING  GAS. 


robesub-  (§709.)     Sec.   15.    The  question    of    issuing    bonds    or    raising 

.1  to  people 

''•"'!"'    money  by  taxation,  as  provided  in  this  act,  shall  be  first  submitted   to 
special  election.  -      J 

a  vote  of  the  qualified  electors  at  some  general  or  special  election, 
when  ordered  by  the  common  council  of  said  city,  and  a  majority  vote 
shall  determine  thequestion. 

t£  Tilt.)     Sec.   16.     This  act  shall  take  immediate  effect, 


CHAPTER  XXIX. 


BOARD    OF    BUILDING    INSPECTORS. 

An'aet  to  establish  a^board  of  building  inspectors  in  and  for  the  city 
of  Detroit,  and  to  define  its  powers  and  duties.     (Act  ap- 
proved June  17,  1885.) 

(2  711.)     SECTION  1.      The  people   of  the  State  of    Michigan   enact, 
That  there  shall  be  a  board  of  building  inspectors  in  and  for  the  city  Bo:lr<,>  h^w 

04  J  composed. 

of  Detroit,  which  shall  consist  of  three  competent  mechanics  or  archi- 
tects, resident  electors  of  the  city  of  Detroit,  whose  term  of  office 
shall  be  three  years,  who  shall  devote  their  entire  time  to  the  duties 
of  their  office,  and  who  shall  not  be  engaged  or  interested  directly  or 
indirectly  in  the  building  business,  and  who  shall  be  appointed  by 
the  board  of  councilmen  upon  the  nomination  of  the  mayor.  The 
first  board  under  this  act  shall  consist  of  Henry  Spitzley,  whose  term 
of  office  shall  expire  on  the  first  day  of  July,  eighteen  hundred  and 
eighty-six;  Edward  W.  Simpson,  whose  term  of  office  shall  expire  on 
the  first  day  of  July,  eighteen  hundred  and  eighty-seven;  and  Patrick 
H.  McWilliams,  whose  term  of  office  shall  expire  on  the  first  day  of 
July,  eighteen  hundred  and  eighty-eight,  or  until  their  successors  are  Howappointed. 
appointed  and  qualified,  and  at  the  expiration  of  their  terms  respec- 
tively their  successors  shall  be  appointed  for  the  full  term  of  three 
years.  Either  of  said  inspectors  may  be  removed  for  cause  by  a  two-  Removal  of. 
thirds  vote  of  the  board  of  councilmen. 


t82 


LAWS    RELATING    TO    T1IK    CITY    OF   DETROIT. 


Chapti  r  '-"' 


Officers  of. 


BO  \KD  OF  BUI1  DING  INSPEI    fORS. 


(§712.)     SBC.  2.     The  board  of  building  inspectors  shall  annually 

appoint  from  their  own  number  a  president   and  a  secretary.      Two 

members  of  said  board  shall  constitute  a  quorum  for  the  transaction 

Rules.  of  business,  and  shall  have  power  to  adopt  such  rules  and  regulations 

for  its  own  use  as  it  may  deem  necessary  to  effect  the  object  of  its  or- 

Common  ganization.     An  office  shall  be  provided  for  said  board  by  the  common 

Council  to 

provide  office,     council  of  said  city,  in  which  proper  books  shall  be  kept   and  shall  be 

open  to  the  public,  showing  a  complete  and  detailed  record   of  all  its 

proceedings, 


Buildings  to 

be  inspected 

annually. 


Inspection  to 
be  made  upon 
complaint. 


(§  713.)  Sec.  3.  It  shall  be  the  duty  of  the  said  building  inspec- 
tors to  make,  at  least  once  in  each  year,  a  thorough  examination  and 
inspection  of  all  halls,  opera  houses,  theatres,  and  buildings  for 
amusement  and  recreation,  school  houses,  churches,  manufactories, 
work  shops,  stores,  blocks  for  offices,  hotels,  boarding  houses,  tene- 
ment buildings,  stands,  platforms,  freight  or  passenger  elevators,  and 
buildings  or  structures  of  every  kind  in  the  city  of  Detroit,  used  or  in- 
tended to  be  used  or  occupied  by  public  gatherings  of  people,  with 
reference  to  the  safety  of  such  building  and  structure  for  the  purpose 
for  which  designed,  and  for  the  speedy  and  safe  egress  of  the  per- 
sons therein  and  thereon  assembled,  in  case  of  sudden  alarm  or  dan- 
ger. In  addition  to  such  regular  inspection  of  said  buildings  and 
structures,  it  shall  also  be  the  duty  of  said  inspectors  to  promptly  in- 
spect any  building  or  structure  of  whatever  character  when  a  com- 
plaint is  made  or  it  comes  to  their  knowledge  that  said  building  or 
structure  is  unsafe. 


(§  714.)  Sec.  4.  All  buildings  mentioned  in  the  preceeding  sec- 
tion, more  than  two  stories  high,  shall  be  provided  with  a  sufficient 
number  of  strong  iron  balconies  at  each  story,  level  with  the  floors, 
with  openings  from  the  buildings  thereto,  and  with  strong  iron  lad- 
ders or  stairs  firmly  attached  to  the  side  of  such  building,  close  to, 


LAWS   RELATING   TO   THE   CITY   OK   DETROIT.  383 

BOARD  OK  BUILDING  INSPECTORS.  ClIATTER    29 


and  easily  accessible,  from  each  balcony,  or  with  other  suitable  fire  Fire  escapes, 
escape,  to  be  approved  by  said  inspectors.      In  any  store  or  building 
in  the  city  of  Detroit  in  which  there  shall  exist  or  be  placed  any  hoist- 
way,  elevator  or  well-hole,  the  openings  thereof  through  and  upon 
each  floor  of  said  building  shall  be  provided  with  and  protected  by  a  be^rovided 

with  guards  or 

substantial  railing,  and  also  with  good  and  sufficient  trap  doors,  open-  enclosed. 

ing  and  closing   automatically   as  the  elevator  passes  from  floor  to 

floor;  Provided,  however,  That  such  hoistway,  elevator,  or  well-hole 

may  be  enclosed  in  brick  or  by  substantia,  woodwork,  furred,  lathed 

and  plastered,  or  sheathed  with  corrugated  iron.      All  exit  doors  and  Ex£;  Outward 

all  doors  leading  from  assembly  rooms  to  halls  and  passage-ways  to 

the  exterior  of  public  halls,  theatres,  churches,  and  buildings  used  for 

public  assemblages  of  any  kind,  shall  swing  outward,  and  it  shall  be  seats  in  aisles 

prohibited. 

unlawful  for  any  person  to  place  chairs,  benches,  or  seats  in  the  aisles 
or  passageways  in  such  buildings  while  occupied  or  in  use  for  any 
public  assemblage  or  entertainment. 

(§715.)     Sec.  5.     Whenever  the  said  inspectors  shall  approve  of  certificate 

of  approval. 

any  building  or  structure  above  mentioned,  they  shall  so  certify  in 
writing,  and  deliver  such  certificate  to  the  owner  or  person  in  charge 
of  such  building  or  structure.  Such  certificate  shall  state  for  what 
period  of  time  and  purpose  and  to  what  extent  such  building  or  struc- 
ture is  approved. 

(§  716.)     Sec.  6.     No  owner,  occupant,  lessee,  manager,  officer  or  Buildings  not 

to  be  used 

person,  having  the  control  of  any  building  or  structure  mentioned  in  without  cer- 
tificate there- 
Section  three  of  this  act  shall  use  or  permit  or  suffer  the  same  to  be  for- 

used  or  occupied  for  any  of  the  purposes  in  said  section  designated 
without  having  first  obtained  the  certificate  mentioned  in  the  pre- 
ceding section,  or  shall  use,  or  permit  such  use  thereof,  after  the  ex- 
piration of  the  time  for  which  such  certificate  was  given,  or  shall 
make  any  alterations,  additions   or  changes  in  the   interior  of  such 


384 


LAWS    RELATING    TO   THK   CITY    OK   DETROIT. 


I'll  V1TKK    ?■> 


IKiAKIi  01    BUILDING  INSPECTORS. 


buildings  or  structures  after  the  granting  of  such  certificate  without 
the  written  consent  of  said  inspectors. 

rous  (§  717.)    Sec.  7.     Any  building  or  buildings,  part  or  parts  of  a 

building's  lo  be 
t..rn  down.         building,  staging,  or  other  structure  in  the  city  of  Detroit,  that,  from 

any  cause,  may  now  be,  or  shall  at  any  time  become  hereafter  danger- 
ous or  unsafe,  shall  be  taken  down  and  removed,  or  made  safe  and 
secure  in  the  manner  following:  Immediately  upon  such  unsafe  or 
dangerous  building  or  buildings,  or  part  or  parts  of  a  building,  stag- 
ing or  structure,  being  so  reported  by  any  of  the  inspectors,  the  same 
shall  be  immediately  entered  upon  a  docket  of  unsafe  buildings,  to  be 
kept  by  said  inspectors,  and  the  owner  or  some  one  of  the  owners,  ex- 
ecutors, administrators,  agents,  lessees,  or  any  other  person  or  per- 
sons who  may  have  a  vested  or  contingent  interest  in  the  same,  shall 

owner.  De  served  in  the  order  named  with  a  printed  or  written  notice  contain 

ing  a  description  of  the  premises  or  structure  deemed  unsafe  or  dan- 
gerous, requiring  the  same  to  be  made  safe  and  secure,  or  removed, 
as  the  same  may  be  deemed  necessary  by  the  said  inspectors,  which 
said  notice  shall  require  the  person  or  persons  thus  served  to  immedi- 
ately certify  to  the  inspector  his  or  their  assent  or  refusal  to  secure  or 
remove  the  same.  If  the  person  or  persons  so  served  with  notice 
shall  immediately  certify  his  or  their  assent  to  the  securing  or  removal 
of  said  unsafe  or  dangerous  building,  premises,  or  structure,  he  or 
they  shall  be  allowed  until  twelve  o'clock  noon  of  the  day  following 

When  Board      the  service  of  said  notice,  in  which  to  commence  the  securing  or  re- 

to  remove. 

moval  of  the  same;  and  he  or  they  shall  employ  sufficient  labor  and 
assistance  to  secure  or  remove  the  same  as  expeditiously  as  the  same 
can  be  done;  but  upon  his  or  their  refusal  or  neglect  to  comply  with 
any  of  the  requirements  of  said  notice  so  served,  then  a  further  notice 
shall  be  served  upon  the  person  or  persons  heretofore  named,  and  in 
the  manner  heretofore  prescribed,  notifying  him  or  them  that  a  survey 
of  the  premises  named  in  the  said  notice  will  be  made  at  the  time  and 


Survey  of 
premises. 


LAWS   RELATING   TO   THE   CITY    OF    DETROIT.  385 

HOARD  OK  HUII.DINC,  INSPECTORS.  CHAPTER    29 


place  therein  named,  which  time  may  not  be  less  than  twenty-four 
hours  or  more  than  three  days  from  the  time  of  the  service  of  said  no- 
tice, by  three  competent  persons,  to  consist  of  the  president  of  the 
board  of  inspectors,  the  president  of  the  board  of  public  works,  and  a 
third  person  who  shall  be  appointed  by  the  person  or  persons  thus 
notified,  upon  whose  neglect  or  refusal  to  appoint  such  surveyor,  how- 
ever, the  said  other  two  surveyors  may  make  such  survey,  and  in  case 
of  a  disagreement  shall  appoint  a  third  person  to  take  part  in  such 
survey,  who  shall  be  either  a  practical  builder  or  architect,  whose 
decision  shall  be  final.  In  case  such  building  shall  be  found  to  be  un- 
safe, the  city  attorney  shall  then  apply  to  the  superior  court  for  an  City  Attorney 

to  appiv  to 

order  directing  that  such  building  shall  be  taken  down  or  made  safe,  Superior  Court 

for  order. 

and  the  clerk  of  said  court  shall  issue  a  citation  to  the  owners,  agents, 
or  persons  thus  served,  to  appear  and  show  cause  why  such  order 
should  not  be  granted  by  said  court. 

(g  718.)     Sec.  8.      To  enable  said  inspectors  to  fully  discharge  Board 

.     .  i  i      -ij-         enter  upon 

their  duties  they  are  authorized  to  enter  into  and  upon  any  building  premises. 
or  structure  of  the  nature  herein  mentioned,  and  no  person  shall 
hinder,  impede  or  obstruct  the  said  inspectors  in  the  performance  of 
any  duty  hereby  imposed. 

(2  719.)     Sec.  9.     Whenever  any  person  or  corporation  shall  corn- 
Board  to  inspect 
mence  the  erection  of  any  building,  or  additions  to  any  building  al-  during  electron 

of  buildings. 

ready  erected,  to  be  used  for  any  of  the  purposes  mentioned  in  sec- 
tion three  hereof,  the  said  building  inspectors  may  examine  such 
building  or  additions,  from  time  to  time  as  they  may  deem  fit,  and  in 
case  any  such  building  is  being  erected  contrary  to  the  provisions  of 
any  city  ordinance  regulating  buildings,  or  in  such  manner  or  of  such 

material  as  to  render  the  said  building  defective  and  insufficient  in  Defective 

material, 

strength  or  safety,  the  said  inspectors  may  notify  the  owners  and 
builders  thereof,  and  may  refuse  to  said  owners  their  certificate  as 
provided  for  in  section  five  until  such  defects  shall  have   been  prop- 


;vsn 


LAWS    RELATING    TO    THK    CITY    OF    DETROIT. 


Ol  VIM  I-  K    89. 


A.ppeaJ  from 
board. 


Board  to 

report. 


BOARD  in    f.\  II  DING  INM'K'TOHS, 


Salary  of 
board. 


No  fees  to  be 
charged. 


Violations, 
how  punished 


Continuance 
of  violation  a 
new  offense. 


Repeal  of  con 
dieting-  acts. 


erly  made  good  or  remedied.  If  said  owner  or  owners  are  dissatis- 
fied with  the  decision  of  the  said  inspectors,  said  owner  or  owners 
may  appeal  to  the  board  provided  for  in  section  seven,  who  shall  hear 
and  decide  the  controversy,  and  whose  decision  shall  be  final. 

(§720.)  Sec.  10.  The  said  board  of  building  inspectors  shall  re- 
poit  in  detail  to  the  board  of  aldermen  at  the  end  of  each  month  the 
work  performed  by  them  and  all  information  with  reference  thereto, 
and  shall  submit  to  the  said  board  in  December  of  each  year  a  sum- 
mary of  their  work  of  the  preceding  year. 

(§  721.)  Sec.  11.  The  members  of  said  board  of  building  in- 
spectors shall  be  paid  such  salary  for  their  services  under  this  act  as 
the  common  council  of  the  city  of  Detroit  shall  determine,  but  not  to 
exceed  twTelve  hundred  dollars  per  annum,  such  salary  to  be  paid  out 
of  a  fund  to  be  constituted  and  raised  for  that  purpose.  All  the  ser- 
vices of  said  board  of  building  inspectors  as  herein  designated  shall 
be  without  costs,  fees,  or  charge  to  the  owner  or  persons  controlling 
the  building  or  structure  inspected  by  them. 

(§  722.)  Sec.  12.  Any  and  all  persons  who,  after  having  been 
personally  served  with  the  notice  of  violation  as  hereinbefore  pre- 
scribed, shall  fail  to  comply  therewith,  and  shall  continue  to  violate 
any  of  the  several  provisions  os  this  act,  or  who  shall  be  accessory 
thereto,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion of  such  offense  shall  be  fined  in  a  sum  not  exceeding  one  hun- 
dred dollars,  or  may  be  imprisoned  for  a  term  not  to  exceed  ninety 
days.  For  each  and  every  month  in  which  any  of  the  provisions  of 
this  act  continue  to  be  violated,  the  person  or  persons  so  violating 
may  be  complained  of  as  for  a  distinct  offense,  and  punished  as  here- 
in provided. 

(§  723.)  Sec.  13.  All  acts  and  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 

Ordered  to  take  immediate  effect. 
Approved  June  17,  1885. 


LAWS   RELATING   TO    THE    CITY   OF   DETROIT  387 

HOARD  OF  BUILDING  INSPECTORS.  C  H  AI'TER  29 


EMPLOYMENT   OP    CHILDREN,    YOUNG    PERSONS    AND    WOMEN. 

An  Act  to  amend  section  seven  of  act  number  thirty-nine  of  the  pub- 
lic acts  of  one  thousand  eight  hundred  and  eighty-five,  entitled 
"An  act  to  regulate  the  employment  of  children,  young  persons, 
and  women  in  certain  cases,"  approved  April  ten,  one  thousand 
eight  hundred  and  eighty-five. 

(§724.)      SECTION    1.      The  People,  of  the  State   of  Michigan   enact, 

Section 

That  section  seven  of  act  number  thirty-nine  of  the  public  acts  of  one  amended, 
thousand  eight  hundred  and  eighty-five,  entitled  "  An  act  to  regnlate 
the  employment  of  children,  young  persons  and  women  in  certain 
cases,"  approved  April  ten,  one  thousand  eight  hundred  and  eighty- 
five,  be  and  the  same  is  herebv  amended  to  read  as  follows: 

(§  725.)    Sec.  7.    In  all  cases  it  shall  be  the  duty  of  the  superintend-  Duty  of 

superintendent 

ent  or  chief  officer  of  police,  by  suitable  inspections,  to  see  that  the  or1^etf0°f 
regulations  of  this  act  are  observed,  and  also  to  prosecute  all  persons 
who  shall  violate  the  same.  Such  superintendent,  or  chief  officer  of 
police,  shall  detail  such  portion  of  the  force  under  him  as  he  shall 
deem  necessary  for  the  inspection,  from  time  to  time,  of  all  the  afore- 
said places  where  such  children  or  young  persons  may  be  employed: 
Provided,  That,  in  the  city  of  Detroit,  the  board  of  building  inspect-  Proviso  for 

,      ,     ,,  ,  .       .      City  of  Detroit. 

ors  of  said  city,  or  any  member  thereof,  shall  have  concurrent  juris- 
diction with  the  superintendent  or  chief  officer  of  police,  with  like 
power  and  authority  to  personally  see  that  the  regulations  of  this 
act  are  observed,  and  also  to  enter  complaint  against  all  persons  who 
shall  violate  the   same.     In  towns,  the  supervisor  thereof  shall  per-  „ 

r  r         Supervisor  to 

form  the  duties  above  imposed  on  the  superintendent,  or  chief  officer  in  towns, 
of  police  in  cities. 

This  act  is  ordered  to  take  immediate  effect. 

Approved  March  19,  1889. 


CHAPTER  XXX. 


OPENING,   WIDENING   AND   STRAIGHTENING   OF   STREETS   AND   ALLEYS. 

An  act  to  provide  for  the  taking  of  public  property  for  the  public 
use,  and  for  the  opening,  extending,  widening  and  straighten- 
ing of  streets  and  alleys  in  the  city  of  Detroit,  and  to  repeal 
act  number  two  hundred  and  eighty-one  of  the  session  laws  of 
eighteen  hundred  and  eighty-three,  being  an  act  entitled  "An 
act  to  provide  for  the  taking  of  private  property  for  the  public 
use,  and  for  the  opening  of  streets  and  alleys  by  the  city  of 
Detroit."*    (Act  approved  May  14th,  1885  ) 

(§  726.)     SECTION  1.      The  People  of  the  State  of  Michigan   enact,  Common 

council    author- 
That  the  common  council  of  the  city  of  Detroit   is  hereby  authorized  ized  to  open, 

etc.,  streets 

to  open,  extend,  widen  or  straighten  streets  and  alleys  in  said  city,  for ;ind  alle>s- 
the  public  use  and  benefit,  and  to  take  private  property  therefor,  and 
institute  and  prosecute  proceedings  for  that  purpose   in   accordance 
with  the  provisions  of  this  act. 

(§727.)     Sec.  2.     Whenever  the  common  council  of  the  city  of  ResoIution  to 
Detroit  shall  deem  it  necessary  for  the  use  and  benefit  of  the  public  necessity. 
to  make  any  such  improvement,  and   to  take  private   property  there- 
for, said  council  shall,  by   resolution,   so  declare,  and  also  describe 


*Xotk.— Since  the  decision  of  the  case  of  Tuller  vs.  the  city  of  Detroit,  55  N.  W. 
Reporter,  10-W,  which  had  not  been  rendered  when  the  preceding  portion  of  this  com- 
pilation was  prepared,  the  compiler  has  deemed  it  advisable  to  print  this  act  as  part  of 
the  compilation.  Prior  to  the  decision  of  the  Tuller  case  the  general  impression  seem- 
ed to  be  that  the  opinion  in  the  case  of  of  the  City  of  Detroit  vs.  Daly,  68  Mich.,  503, 
held  the  act  to  be  invalid. 


39°  CAWS    RELATING   TO   THE   CITY   OE   DETROIT. 

Chapter  80,  opening  of  streets  and  ai  leys.        • 


such  property,  and  designate  the  purpose  for  which  it  is  to  be  taken, 
and  fix  and  describe  a  special  taxing  district,  embracing  only  the  tax- 
able real  estate  which,  in  the  opinion  of  said  council,  will  be  benefited 
by  such  improvement.  Said  resolution  shall  direct  the  city  attorney 
to  institute  proceedings  in  the  recorder's  court  of  said  city  to  carry 
out  the  objects  of  such  resolution. 

<  it;    Vttorney  (§  728.)     Sec.  3.     Upon  the  passage  by  the  common  council  of 

to  tilf  petition 

in  Recorder's     8UCh  resolution,  it  shall  be  the  duty  of  the  city  attorney   to   prepare 

and  file,  in  the  name  of  the  city,  in  the  recorder's  court  of  said  city,  a 
petition  signed  in  the  name  of  the  city,  by  the  city  attorney,  in  his  of- 
ficial capacity,  which  shall  allege  the  passage  of,  and  have  annexed 
thereto,  a  certified  copy  of  said  resolution;  shall  describe  all  the  lots, 
tracts  and  parcels  of  private  property  proposed  to  be  taken  or  as- 
sessed, and  set  forth  the  names  of  the  owners,  occupants,  mortgagees, 
lessees,  and  others  interested  in  such  lots,  tracts  and  parcels,  res- 
pectively, as  far  as  the  same  can  be  ascertained,  and  shall  allege  that 
it  is  necessary  to  take  such  property  for  the  public  use  and  benefit; 
Allegation  of      and  pray  that  a  jury  may  be   impaneled   to  determine  whether  it  is 

petition. 

necessary  to  make  such  improvement,  and  to  take  such  property  for 
the  public  purpose  therein  stated,  and  to  ascertain  and  fix  the  just 
compensation  to  be  paid  therefor,  and  to  assess  and  apportion  one- 
half  of  the  compensation  awarded  in  the  case  of  the  opening,  widen- 
ing, extending  and  straightening  of  streets,  and  the  whole  amount  of 
the  compensation  awarded  in  the  case  of  opening,  widening,  straight- 
ening and  extending  of  alleys,  upon  such  portion  of  the  real  estate 
within  the  assessment  district  as  may  be  benefited  by  such  improve- 
ment. The  petition  may  pray  for  any  other  or  further  relief  deemed 
necessary  within  the  objects  of  this  act. 


(?  729.)     Sec.  4.      One-half  of  the   damages   and  compensation 
awarded  by  the  jury,  and  all  the  expenses  of  opening,  extending, 


Payment  of 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT.  39* 


OPENING  OF  STREETS  AND  ALLEYS.  CHAPTER    30 


widening  or  straightening  streets,  and  all  the  expenses  of  opening,  ex- 
tending, widening  or  straightening  alleys,  shall  be  paid  by  the  city 
and  raised  by  a  general  tax,  to  be  levied  and  collected  according  to 
the  provisions  of  the  charter  of  the  city. 

(§  730.)  Sec.  5.  Upon  filing  said  petition,  it  shall  be  the  duty  Sll„,mons. 
of  the  clerk  of  said  court,  upon  request  in  writing  of  the  city  attorney 
to  issue  a  summons  against  the  respondents  named  in  the  petition, 
commanding  them,  in  the  name  of  the  people  of  the  State  of  Michi- 
gan, to  appear  before  said  court  at  a  time  and  place  to  be  named  in 
said  summons,  not  less  than  twenty  nor  more  than  forty  days  from  the 
date  of  the  same,  and  show  cause,  if  any  they  have,  why  the  prayer  of 
said  petition  should  not  be  granted.  » 

(§  731.)     Sec.  6.     Said  summons  shall  be   served  by  the  sheriff  Service  of 

summons. 

under  sheriff,  or  deputy  sheriff  of  the  county,  at  least  five  days  before 
the  return  day  thereof,  upon  all  the  respondents  found  within  the 
county  of  Wayne,  by  exhibiting  the  original  and  delivering  a  copy  to 
each  of  them;  and  service  of  said  summons  upon  all  other  respon- 
dents shall  be  made  by  publishing  for  five  successive  days  a  copy  of 
such  summons  in  at  ieast  one  daily  paper  published  in  said  city,  to  be 
designated  by  the  judge  of  said  recorder's  court;  the  return  of  the 
sheriff  to  said  summons  and  affidavits  showing  due  publication  of 
said  summons,  shall  be  filed  in  said  court  before  a  jury  shall  be  em- 
paneled, and  be  sufficient  evidence  of  service  on  the  respondents  and 
of  the  manner  of  service,  and  thereafter  all  respondents  shall  take  no- 
tice of  and  be  bound  by  all  subsequent  proceedings  without  further 
notice. 


(j/  732.)     Sec.  7.     O'n  the  return  day  of  the  summons,  or  on  some 

Jury. 

subsequent  day  to  which  the   proceedings  are   adjourned,   if  no   suf- 
ficient cause  to  the  contrary  has  been  shown,  the  court  shall  make  an 


39a  LAWS   UK1.AT1NG   TO   THE   CITY  OK   DETROIT. 

Chapter  lit'.  opening  oi  streets  and  alleys. 


order  that  a  jury  be  empaneled  in  the  cause.  Such  jury  shall  be 
composed  of  resident  freeholders  of  the  municipality,  and  shall  be 
selected  and  empaneled  as  hereinafter  provided. 

(§  7:33.)  Sec.  8.  On  the  second  Tuesday  of  June  in  each  year,  be- 
tween the  hours  of  nine  o'clock  in  the  forenoon  and  four  o'clock  in 
the  afternoon,  the  board  of  assessors  of  the  city  of  Detroit,  the  clerk 
of  said  court,  and  the  sheriff  of  the  county  of  Wayne,  shall  meet  to 
gether  in  the  office  of  the  said  assessors  in  said  city,  and  shall  then 
proceed  in  public  to  select  from  the  last  annual  ward  assessment  rolls 
of  said  city  (which  rolls  the  custodian  shall  produce  before  them)  a 
list  of  three  hundred  persons  to  serve  as  jurors  in  said  court — the  per- 

Freeholders.  sons  so  selected  to  be  qualified  electors  and  freeholders  in  said  city  of 
Detroit,  and  capable  of  understanding  and  speaking  intelligibly  the 
English  language.  Said  list  shall  be  signed  by  the  said  assessors, 
clerk  and  sheriff,  if  they  all  be  present  and  assist  in  the  making 
thereof:  Provided,  That  any  two  of  them  shall  he  authorized  to  se- 
lect such  list  and  sign  the  same  in  the  absence  of  the  third:  Provided, 
further,  That  if  said  list  is  not  selected  as  above  provided,  or  if  for 
any  reason  a  legal  list  shall  not  have  been  made,  the  recorder's  court 
may  by  an  order,  entered  of  record,  command  the  said  assessors, 
clerk  and  sheriff  to  proceed  forthwith  to  select  such  list,  and  sign  and 
file  the  same.  When  the  list  is  selected  and  signed  as  aforesaid,  it 
shall  be  filed  by  the  officers  signing  the  same  in  the  office  of  the  clerk 
of  said  court.  The  persons  whose  names  are  set  forth  in  said  lis* 
shall  be  liable  to  serve  as  jurors  in  said  court  for  one  year,  or   until  a 

List  to  be  new  list  ls  selected.     Every  person   who   shall   directly  or  indirectly 

for  one  year. 

ask  to  be  placed  upon  said  list  shall  thereby  render  himself  ineligible 

to  serve  as  a  juror  in  said  court  for  one  year  thereafter,  and  his  name 

shall  in  no  case  be  placed  upon  such  list  during  that  period. 


LAWS   RELATING   TO   THE   CITY    OF    DETROIT.  393 


OPENING  OF  STREETS  AND  ALLEYS.  CHAPTER    30 


(§  734.)  Sec.  9.  Upon  receiving  such  list,  prepared  and  filed  as J"rv  box. 
aforesaid,  the  clerk  of  said  court  shall  write  the  names  of  the  persons 
thus  selected  on  separate  strips  of  paper  of  the  same  size  and  appear- 
ance, as  near  as  may  be;  shall  fold  up  each  of  said  strips  of  paper  in 
the  same  manner,  so  as  to  conceal  the  name  thereon,  and  deposit  the 
same  in  a  box,  to  be  called  and  labeled  "  Detroit  city  street  opening 
jury  box." 

(§735.)  Sec  10.  No  jury  shall  be  drawn  for  any  term  without  D  .  f 
an  order  previously  made  by  the  court,  and  such  order  shall  specify  h™  made! a" 
the  number  of  jurors,  not  less  than  twenty-four  nor  more  than  fifty, 
to  be  drawrj,  and  the  time  at  which  they  shall  be  summoned  to  attend. 
It  shall  thereupon  be  the  duty  of  the  clerk  to  draw  the  number  of 
names  ordered  by  the  court  from  the  street  opening  jury  box,  and  at 
least  two  days  before  such  drawing  the  said  clerk  shall  give  notice  to 
the  judeie  of  said  court,  and  to  the  sheriff,  of  the  day  and  hour  when 
such  drawing  shall  take  place.  At  the  time  so  appointed  it  shall  be 
the  duty  of  said  judge,  and  of  the  sheriff  of  Wayne  county,  or  some 
deputy  sheriff,  to  attend  at  the  clerk's  office  and  witness  said  drawing 
of  jurors,  and  if  neither  said  judge,  sheriff  or  deputy  sheriff  be 
present  at  the  appointed  time,  the  clerk  may  adjourn  such  drawing  to 
some  certain  hour  on  the  next  day,  and  from  day  to  day  thereafter,  of 
which  adjournment  he  shall  forthwith  give  notice  to  said  judge  and 
sheriff.  If  at  the  first  time  appointed  for  such  drawing,  or  at  the  ad- 
journed time  therefor,  either  said  judge,  sheriff  or  deputy  sheriff 
shall  be  present,  the  clerk  shall  proceed  to  draw  from  said  box  pub- 
licly, and  in  the  presence  of  the  officer  or  officers  attending,  as  many 
strips  of  paper,  containing  the  names  of  jurors  written  thereon,  as 
may  have  been  ordered  by  the  court,  and  one  of  the  attending  officers 
shall  keep  a  minute  of  such  drawing,  in  which  he  shall  enter  the  name 
of  every  strip  of  paper  drawn,  before  any  other  such  strip  be  drawn. 
The  said  minute  of  the  drawing  shall  then  be  signed  by  the  clerk  of 


LAWS    KKI.ATING    TO    THK    CITY    OK    OKTKOIT. 


I  IIAIM  1   l<    80 


OPB  MM.  ol    six  E  ETS  AND    ALLEYS. 


Venire  £a<  ias. 


Challenge-. 


said  court  ami  the  attending  officers,  and  tiled  by  the  clerk  in  his  of- 
Qce,  and  he  shall  immediately  make  out  a  venire  facias  and  deliver 
the  same  to  the  sheriff  of  Wayne  county,  which  shall  command  him 
or  any  of  his  deputies  to  summon  the  persons  named  therein  to  be 
and  appear  in  said  court,  at  the  terms  thereof  for  which  they  were 
drawn,  to  serve  as  street  opening  jurors,  and  not  depart  the  same  un- 
til discharged,  under  such  penalty  as  the  court  may  impose.  Said 
-.•aiirc  facias  shall  be  served  at  least  three  days  before  the  term  of  the 
court  therein  specified,  by  giving  personal  notice  to  each  person  there- 
in named,  or  by  leaving  a  written  notice  at  his  place  of  residence, 
with  some  person  of  proper  age,  and  return  thereof  shall  be  made  to 
said  court  at  its  opening,  specifying  those  who  were  summoned,  and 
the  manner  in  which  each  person  was  notified.  All  talesmen  who 
may  be  directed  by  the  said  judge  to  be  summoned  for  the  term  shall 
be  drawn  from  the  jury  box,  in  the  same  manner  as  the  original 
panel.  In  empaneling  a  jury  the  practice  and  proceedings,  relative 
to  empaneling,  exempting  and  excusing  jurors  and  talesmen,  and  im- 
posing penalties  upon  them  for  non-attendance,  shall  be  the  same  as 
in  the  recorder's  court  of  said  city  relative  to  petit  jurors.  The  city 
attorney,  in  behalf  of  the  city  of  Detroit,  shall  be  entitled  to  two  per- 
emptory challenges,  and  the  respondents  collectively  shall  be  entitled 
to  the  same  number.  Whenever  there  shall  not  be  qualified  jurors 
enough  present  to  form  a  panel  in  any  case,  the  panel  may  be  filled 
up  in  the  same  manner  as  a  panel  of  petit  jurors  is  filled  up  in  a  like 
case  in  said  court,  and  the  court  may  order  talesmen  to  be  summoned 
from  the  bystanders  or  neighboring  citizens.  If  any  juror  after  being- 
sworn  shall  die,  or  for  any  other  cause  become  unable  to  discharge 
his  duties,  the  court  may  appoint  another  qualified  person  to  serve  in 
his  place,  who  shall  be  sworn  and  take  his  place  upon  the  jury. 


Oath  and 
duties  of  jury. 


(§  736.)     Sec.  11.     Every  juror  empaneled  in  any  cause  shall  be 
sworn  as  follows:    "  You  do  solemnly  swear  (or  affirm)  that  in  the 


LAWS    RELATING   TO   THE   CITY   OF   DETROIT.  395 


OPENING  OF  STREETS  AND  ALLEYS.  CHAPTER    30 


matter  of you  will. well  and  truly  ascertain  and   de- 
termine whether  there  is  a  public  necessity  for  making  the  proposed 
improvement,  and  for  taking  for  the  use  and  benefit  of  the  public  the 
private  property  which  the  petition  describes  and  prays  maybe  taken; 
and  if  you  determine  that  it  is  necessary,  then  that  you  ascertain,  de- 
termine, and  award  the  just  compensation  to  be  made  therefor,   and 
assess  upon  the  property  in  the  assessment  district   described  in  the 
petition  one-half  of  all  the  damages  so  awarded,  in  the  case  of  streets, 
and  the  entire  amount  in  the  case  of  alleys,  as  the   ease  may  be,  and 
faithfully  and  impartially  discharge  all  other  duties  as   devolve  upon 
you  in  this  case,  and,  unless  discharged  by  the   court,   a  true   verdict 
give,  according  to  law  and   the   evidence,   so   help  you  God."      They 
shall  hear  the  proof  and  allegations  of  the  parties  and  the  arguments 
of  counsel,  and,  if  so  ordered  by  the  court;  shall  go  to  the  place  of  the 
intended  improvement  in  charge  of  an  officer,  and   upon,    or   as  near 
as  practicable,  to  any  property  proposed  to  be  taken  or  assessed,  and 
examine  the  premises.     They  shall  be   instructed  as  to  their  duties 
and  the  law  of  the  case  by  the  court,  and  shall  retire  under  the  charge 
of  an  officer,  and  render  their  verdict  in  the  same   manner  as  on  the 
trial  of  any  ordinary  civil  case. 

(8  737.)     Sec.   12.     The  jury  shall  determine  in  their  verdict  the 

KS*         '  J      J  Jury  to  deter- 

public  necessity  for  the  proposed  improvement,  and  for  taking  such  ™"^sitv 
private  property  for  the  use  or  benefit  of  the  public  for  such  proposed 
improvement,  and  in  case  they  find  that  such  necessity  exists,  they 
shall  award  te  the  owners  of  said  property  such  compensation  there- 
for as  they  shall  deem  just;  and  in  determining  the  amount  of  said 
damages,  where  only  a  part  of  a  lot  or  lots  of  land  is  taken,  the  jury 
shall  take  into  consideration  the  amount  of  benefits,  if  any,  which  the 
portion  not  taken  will  receive  from  the  intended  improvement,  but  it 
shall  not  be  necessary  for  them  to  state  in  their  report  the  damages 
separately,  but  only  the  net  amount  of  damages;  and  shall   assess  and 


396 


LAWS    RELATING    To   THE   CITY    OF   DKTROIT. 


(."II  MM  i  k  SO. 


Nominal 
assessments 
may  be  made. 


OPENING  OI   STREETS  AND    ALLEYS, 


apportion  in  the  case  of  opening,  widening,  straightening,  or  extend- 
ing alleys,  the  whole  amount  of  the  compensation,  and  in  the  case  of 
opening  widening,  straightening,  or  extending  streets,  one-half  of  the 
compensation  to  be  paid  for  the  private  property  taken  upon  such  lots 
and  parcels  and  subdivisions  of  real  estate  within  the  assessment 
district  fixed  by  the  common  council,  in  proportion,  as  nearly  as  may 
be,  to  the  benefits  they  will  receive:  Provided,  however,  That  if  the 
jury  believe  that  the  benefit  to  any  lot  will,  as  compared  with  the 
benefit  to  the  others  be  merely  nominal,  they  make  a  nominal  assess- 
ment upon  said  lot.  If  any  such  private  property  taken  shall  be  sub- 
ject to  a  valid  mortgage,  lease  or  agreement,  and  the  taking  thereof 
for  such  purpose  will  impair  such  security,  lease  or  agreement,  the 
jury  shall  apportion  and  award  to  the  owner  of  said  mortgage,  lessee, 
or  person  interested  in  said  agreement,  such  portion  of  the  compen- 
sation as  they  shall  deem  just,  and  if  there  are  any  buildings,  or 
other  personal  property  situated  on  the  land  taken,  the  jury  may,  at 
the  request  of  the  owner,  allow,  instead  of  damages  for  the  value, 
damages  and  expenses  for  the  removal  thereof.  The  damages  for 
taking  any  land  belonging  to  the  estate  of  any  deceased  person  shall 
be  awarded  to  said  estate,  and  shall  be  paid  to  the  executor  or  ad- 
ministrator of  said  estate,  or  if  there  is  no  such  executor  or  adminis- 
trator, or  he  cannot  be  found,  it  shall  be  deposited  in  the  city  treasury 
to  the  credit  of  said  estate,  and  be  paid  to  the  person  entitled  to  re- 
ceive the  same. 


Form  of 
verdict. 


(§  738.)  Sec.  13.  To  assist  the  jury  in  arriving  at  the  verdict, 
the  court  may  allow  the  jury,  when  they  retire,  to  take  with  them  the 
petition  filed  in  the  case,  and  maps  showing  the  proposed  improve- 
ment, and  the  assessment  district,  and  the  location  of  each  and  all  the 
parcels  of  property  to  be  taken  or  assessed,  with  the  names  of  all 
parties  interested  in  such  property,  and  may  also  submit  to  them  a 
blank  verdict,  which  may  be  as  follows: 


LAWS   RELATING    TO   THE    CITY   OF   DETROIT. 


397 


OPENING  OF  STREETS  AND  ALLEYS. 


Chapter  30 


Part  I. 


We,  the  undersigned  jury,  empaneled  in  the  above  matter,  and 
having  given  the  same  due  consideration,  do  hereby  find  and  deter- 
mine that  it  is  necessary  to said  as 

proposed  for  the  public  use  and  benefit  as  a  public , 

and  that  for  said  use  and  benefit  and  purpose  it  is  necessary  to  take 
the  private  property  described  in  the  petition  in  this  cause,  which 
said  property  is  hereinafter  described. 


Part  II. 

And  the  damages  sustained,  and  the  just  compensation  to  be  paid 
for  such  private  property  we  have  ascertained  and  determined,  and 
hereby  award  as  follows: 


Description  of  each  of 
the  several  parcels  of 
private  property  to  be 
taken. 

Owners  and   others  in- 
terested in   each  par- 
cel. 

Compensation  and 
Damages. 

J98 


LAWS    RELATING    TO    THE    CITY    OF    DETROIT. 


Oil  AIM  IK     30. 


New  trial. 


Amendments. 


>|-1-\IM.   Ill- '   s  I  Id-  I     IS     \\H     \|    I    |.  \  -,. 


Part  III. 

And  the  benefit  to  be  received    from   such   improvement  by  the 
property  within  the  assessment  district  we  hereby  determine  to  be  as' 

follows: 


Description  of  each  of 
the  several  parcels  of 
property     to     be     as- 
sessed. 

Owners    (and  others  in. 
terested)  of  each  par- 
cel. 

Benefits. 

I 

The  different  descriptions  of  property  and  the  names  of  the  own- 
ers and  others  interested  therein,  may  be  inserted  in  said  blank  ver- 
dict, under  the  direction  of  the  court,  before  it  is  submitted  to  the 
jury. 

(§  739.)  Sec.  14.  The  verdict  of  the  jury  may  be  set  aside  by 
the  couit,  and  a  new  trial  ordered  for  objections  of  law  and  to  matters 
of  substance,  but  not  for  objections  as  to  matters  of  form,  in 
the  same  manner  and  on  the  same  grounds  as  in  ordinary  civil 
actions  in  the  circuit  courts  of  this  State;  and  amendments  either 
in  form  or  substance,  of  the  petition,  process  and  proceedings,  may  be 
allowed  when  they  will  not  interfere  with  the  substantial  rights  of 
the  parties.  And  if  by  such  amendment,  new  parties  are  added  to  the 
proceedings,  a  new  summons  may  be  issued  to  bring  in  such  addi- 
tional parties,  and  when  any  such  further  summons  is  issued,  the  pro- 


LAWS    RELATING   TO    THE    CITY   OF   DETROIT.  399 


OPENING   OF  STREETS  AND  ALLEYS.  CHAPTER   30 


ceedings  shall  be  adjourned  by  the  court  a  sufficient  length  of  time, 
not  less  than  six  days,  to  enable  such  summons  to  be  served,  which 
summons  shall  be  made  returnable  on  the  day  to  which  the  case  is 
adjourned,  but  shall  be  served  at  least  three  days  previous  thereto. 
The  court  may  refer  back  to  the  same  jury  the  verdict  for  the  pur- 
pose of  correcting  all  errors  therein  contained  during  the  term  of 
court  for  which  said  jurj7  was  empaneled,  and  for  that  purpose  may 
recall  the  jury.  Rules  of  practice  of  the  recorder's  court  shall  be  fol- 
lowed as  near  as  may  be  in  all  proceedings  under  this  act. 

(§  740.)     Sec.  15.     Motions  for  a  new  trial,  or  to  arrest  the  proceed-  New  trja]> 
ings,  shall  be  made  within  two  days  after  the  reudition  of  the  ver- 
dict,  unless  further  time  is  allowed  by  the  court,   and   if   no  such 
motion  is  made,  or  being  made,  is  overruled,  the  court  shall  enter  an 

order  confirming  the  verdict  of  the  jury,  and  such  judgment  or  con- Confirming 

verdict. 

firmation,  unless  reversed  by  the  supreme  court,  shall  be  final  and 
conclusive  as  to  all  persons  interested  therein.  The  compensation 
assessed  by  the  jury  upon  any  lot  or  parcel  of  land  shall  be  alien 
thereon  from  the  time  of  such  confirmation  until  paid  and  satisfied. 

(§  741.)  Sec.  1G.  Any  person  whose  property  may  be  taken  or. 
assessed,  considering  himself  aggrieved,  may  appeal  from  the  judg- 
ment of  the  court  confirming  the  verdict  of  the  jury,  by  filing  in  writ- 
ing with  the  clerk  of  said  court  a  notice  of  such  appeal  within  five 
days  after  the  confirmation,  and  serving  within  the  same  time  a  copy 
thereof  on  the  city  attorney,  and  filing  a  bond  in  said  court  to  be  ap- 
proved by  the  judge  thereof,  conditioned  for  the  prosecution  of  said 
appeal  and  the  payment  of  the  sum  assessed  against  the  appellant, 
and  all  costs  that  may  be  awarded  against  him  in  case  the  judgment 
and  confirmation  of  the  court  shall  be  affirmed.  The  appeal  herein 
provided  shall  be  the  only  remedy  for  reviewing  proceedings,  and  for 
contesting  and  altering  assessments  under  this  act,  and    do  injunc- 


40o 


LAWS    RELATING    TO    THE    CITY    OF    DETROIT. 


I'lurrm   80. 


Record,  etc., 
in  Supreme 

Court. 


OP]  MM.  'M  s  i  k  !■  1  is  \\n  ALLEYS. 


tion  or  certiorari  shall  be  allowed  or  issued  in  these  cases,  except 
that  writs  of  certiorari  may  issue  out  of  the  supreme  court  upon  juris- 
dictional grounds  only  when  allowed  by  one  of  the  justices  of  said 
court.  The  common  council  shall  have  no  power  to  in  any  manner 
disturb  or  alter  the  verdict  of  said  jury  as  to  awards  or  assessments 
or  in  any  other  respect,  after  the  said  verdict  shall  have  been  finally 
confirmed. 

($  742.)  Sec.  17.  In  case  of  appeal  as  above,  it  shall  be  the  duty 
of  the  clerk  of  the  court,  without  delay,  to  transmit  to  the  supreme  court 
a  certified  copy  of  all  the  files,  records  and  proceedings  of  the  case. 
And  it  shall  be  the  duty  of  the  judge  of  the  court,  at  the  request  of 
the  appellant,  to  settle  and  sign  a  case  showing  the  testimony  taken 
on  the  trial,  the  objections,  rulings,  and  exceptions  concerning  the 
same,  and  the  instructions  of  the  court  to  the  jury,  with  the  exceptions 
thereto,  and  the  same  shall  be  returned  by  the  clerk  as  a  part  of  the 
record  in  the  case. 


(8  743.)     Sec.   18.     The  said  appeal  may  be  brought  on  for  hear- 
Hearingin  W  )  .  i  J  o 

Court"16  *D»  at  any  term  °f  tne  supreme  court,  and  said  court  shall  have  power 

to  determine  the  case  upon  the  facts  and  the  law  as  in  chancery  ap- 
peals, and  to  enter  such  final  judgment  or  decree  as  may  of  right  ap- 
pear, and  may  remand  the  case  to  the  court  below  for  such  further 
proceedings  before  a  jury,  or  otherwise,  as  may  be  necessary.  The 
said  court  shall  allow  the  prevailing  party  his  reasonable  costs  and 
expenses  to  be  taxed,  and  all  costs  and  expenses  awarded  to  the  city 

Co-^t-. 

may  be  applied  on  or  deducted  from  the  compensation,  if  any,  to  be 
paid  to  the  appellant. 

Proceedings  (§  744.)    Sec.  19.     When  the  verdict  of  the  j  ury  shall  have  been 

after  confirma- 
tion of  verdict,   finally  confirmed  by  the  court,  and  the  time  in  which  to  take  an  ap- 
peal has  expired,  or  if  any  appeal  is  taken,  on  the  filing  in  the  court 
below  of  a  certified  copy  of  the  order  of  the  supreme  court  affirming 


LAWS   RELATING   TO   THE    CITY   OF   DETROIT.  401 

OPENING  OF  STREETS  AND   ALLEYS.  CHAPTER  SO 


the  judgment  of  confirmation,  it  shall  be  the  duty  of  the  clerk  of  the 
court  below  to  transmit  to  the  common  council  a  certified  copy  of  the 
verdict  of  the  jury,  and  of  the  judgment  of  confirmation,  and  there- 
upon the  common  council  shall,  by  resolution,  direct  the  treasurer  of 
said  city  to  collect  the  benefits  and  the  cost  and  expenses  assessed  by 
the  court  and  jury,  and  a  certified  copy  of  such  resolution  shall  be  an- 
nexed to  the  record  transmitted  by  the  clerk  of  the  court,   and  the 

same  shall  then  be  delivered  to  said  treasurer.      If  such  assessments 

\\  hen  assess- 

are  not  paid  or  tendered  to  the  treasurer  within   fifty  days  after  the  ™*$s  to  be 
passage  of  such  resolution,  he   shall    proceed   to   sell  the    property 

Sale  of  lands. 

assessed  in  the  same  manner  a3  is  provided  by  law  for  the  sale  of 
real  estate  upon  execution,  and  with  the  same  force  and  effect. 


(§  745.)     Sec.  20.     Within  one  year  after  the  confirmation  of  the  Payment 

of  awards. 

verdict  of  the  jury,  or  after  the  judgment  of  confirmation  shall  on 
appeal  be  affirmed,  the  common  council  shall  cause  the  city  treasurer 
to  pay  or  tender  to  the  respective  persons  entitled  to  receive  the  same, 
the  damages  and  compensation  awarded  for  taking  such  private  prop- 
erty, according  to  the  verdict  of  the  jury  as  finally  confirmed;  and  in 
case  any  person  shall  refuse  the  same,  be  unknown,  or  a  non-resident 
of  said  city,  or  cannot  with  reasonable  diligence  be  found  in  said  city, 
or  for  any  reason  be  incapacitated  from  receiving  his  amount,  or  the 

Tender 

right  thereto  be  disputed  or  doubtful,  the  common  council  may  de- of  awards, 
posit  the  amount  awarded  in  such  case  in  the  city  treasury,  and  shall, 
on  demand,  pay  the  same  over  to  any  person  entitled  and  competent 
to  receive  it,  taking  receipt  therefor.  Upon  such  payment,  tender  or 
deposit,  the  common  council  may  enter  upon,  take  possession  of,  and 
convert  such  private  property  to  the  uses  and  purposes  for  which  it 
was  taken,  and  may  remove  all  buildings,  fences,  and  other  obstruc- 
tions therefrom.     The  treasurer  shall   make   a  certificate,  verified  by  Treasurcr  to 

,...,.  ,  ,  ,       make  certificate 

018  oath,  showing  his  .action  in  making   such    payment,    tender  or  de- 


1"-' 


Ch  \i-  i  i  i;  ;  0. 


i.wvs    RELATING    To   THE   CITY   OK    DETROIT. 


OPENING  in-  si  km-  i  s    \\n    \LLEYS, 


posit,  and  shall  file  the  same  with  the  clerk  of  the  recorder's  court, 
ami  shall  be  prima  facie  evidence  of  the  facts  therein  stated. 


Buildings,  etc. 
to  be  sold  at 
auction. 


Refunding 
of  proceeds 


it}  746.)  Sec.  21.  All  buildings,  fences,  and  other  personal  pro- 
perty taken  by  such  proceedings  in  street  opening  cases,  except  that 
removed  by  the  owner  as  otherwise  provided,  shall  be  sold  at  public 
auction  by  the  city  treasurer.  Due  publication  of  such  sales  shall  be 
made  in  at  least  two  daily  newspapers  in  said  city,  for  at  least  live 
days,  and  printed  notices  posted  on  or  near  such  property  at  least  ten 
days  prior  t  )  the  day  of  sale.  In  the  case  of  widening,  straightening, 
opening  or  extending  alleys,  the  entire  proceeds  of  such  sales,  and  in 
the  case  of  opening,  widening  or  straightening  or  extending  streets, 
one  half  of  the  amount  of  such  proceeds  shall  be  refunded  by  the  city 
treasurer  to  the  parties  assessed  for  the  opening,  widening,  straight- 
ening or  extending  thereof  in  proportion  to  the  amounts  of  their 
several  assessments.  The  balance  of  such  proceeds  in  the  ease  of 
opening,  widening,  straightening  or  extending  streets,  shall  be  paid 
into  and  become  part  of  the  street  opening  fund. 


(§  747  )     Sec.   22.     Officers,  jurors  and  witnesses  in  any  proceed- 

Fees  of  officers, 

Witnesses,  etc.  jngS  un(jer  this  act  shall  be  entitled  to  receive  from  the  city  the  same 
fees  and  compensation  as  are  provided  by  law  for  similar  services  in 
an  ordinary  action  at  law  in  the  circuit  court  of  the  State. 


{I  748.)     Sec.  28.     The  common  council  shall  not   have  power  to 

Common 

council  not  to     discontinue  proceedings  under  this  act  after  the  rendition  of   the  ver- 


discontinue 
proceedings 


diet  of  the  jury,  but  they  may  direct  the  city  attorney  to  move  for  a 
new  trial,  or  to  arrest  the  proceedings,  or  to  take  an  appeal  to  the  su- 
preme court,  and  in  any  such  case  the  same  proceedings  shall  be  had 
as  are  hereinbefore  prescribed  in  the  case  of  like  proceedings  on  the 
part  of  any  respondent. 


LAWS   RELATING   TO   THE    CITY   OF   DETROIT.  403 


OPENING  OF  STREETS  AND  ALLEYS.  CHAPTER  30 


(9  749.)     Sec.  24.     Before  the  trial  in  any  proceeding  under  this  . 

\*  i  •>  City  Engineer 

act,  the  common  council  shall  cause  the  property  to  be  taken  to  be  to 
surveyed  and  staked  out,  or  otherwise  marked  upon  the  premises, 
and  shall  cause  a  map  or  plan  thereof,  and  of  the  assessment  district, 
certified  to  be  correct  by  the  city  engineer  or  person  making  the 
same,  to  be  prepared,  to  be  attached  to  and  made  a  part  of  the  peti- 
tion herein  provided  for,  the  same  to  be  subject  to  alteration  and  cor- 
rection under  the  direction  of  the  court.     The  common  council,  in  all  common 

council  may  ad- 

cases  where  there  shall  be  a  special  assessment,  shall  have  authority  vance  awards, 
to  advance  the  sums  awarded  to  owners  or  occupants  of,  or  others  in- 
terested in,  the  property  to  be  taken,  and  there  shall  in  all  cases  be 
deducted  from  such  sums  any  assessment  for  benefits  made  against 
the  property  of  said  owners  and  others  interested,  respectively.  At 
any  sale  under  this  act  of  the  property  assessed,  the  city  attorney,  or  pr0perty  for 

assessments. 

in  his  absence,  the  city  treasurer,  shall  have  authority  to  bid  in  for 
the  corporation  any  parcel  of  land  for  which  there  shall  be  no  bid 
from  other  parties  sufficient  to  cover  the  amount  due  from  such  par- 
cel, including  its  ratable  proportion  of  the  costs  and  expenses  of  mak- 
ing such  sale,  and  on  any  such  bid  the  corporation  shall  be  entitled 
to  all  the  rights  of  any  other  purchaser. 

(8  750.)     Sec.  25.     Act  number  281  of  the    session  laws  of  1883, 

VJ>  '  Repeal  of 

being  an  act  entitled  "  An  act  to  provide  for  the  taking  of  private  pro-  former  act. 
perty  for  the  public  use,  and  for  the  opening  of  streets  and   alleys  by 
the  city  of  Detroit,"  is  hereby  repealed.     (Approved  May  14,  1885,  and 
given  immediate  effect.) 


|>M  CAWS    RELATING    TO  THE  CITY  Ol'   DETROIT. 


CHAPTl  OPENING  01    STREETS  AND    ALLEYS. 


TAKING     OF     PRIVATE     PROPERTY    FOR      PUBLIC     USE     IN     CITIES     AND 

VILLAGES. 

An  act  to  authorize  cities  and  villages  to  take  private  property  for  the 
use   or  benefit  of  the   public,  and  to   repeal  act  num- 
ber twenty-six  of  the  public  acts  of  1882. 
Approved  May  31,  1883. 

(§  751.)     Section  1.     That  the  common   council  of  any  city,  or 
common  council  the  board  of  trustees  of  any  village,  or  the  board  of  supervisors  of  any 

etc.,  to  take 

private  county  in  this  State,  is  hereby  authorized  to  take  private  property  for 

property  for 

public  uses.  tke  U8e  01,  benefit  0f  tne  public  withiu  the  limitation  of  the  state  con- 
stitution, and  to  institute  and  prosecute  proceedings  for  that  pur- 
pose. 

Proceedings,  (§  ^2.)     Sec.  2.     Such  proceedings  may  be  commenced  and  pro- 

how  and  when 

commenced.  secuted  under  this  act,  whenever  the  common  council,  board  of  trus- 
tees or  board  of  supervisors  shall  have  declared  a  public  improvement 
to  be  necessary  in  the  municipality  or  county,  and  shall  declare  that 
they  deem  it  necessary  to  take  private  property,  describing  it,  for 
such  public  improvement,  designating  it,  and  that  improvement  is  for 
the  use  or  benefit  of  the  public.  They  shall,  by  resolution,  direct  the 
city  or  village  attorney,  or  the  prosecuting  attorney  of  the  county,  to 

Proceedings, 

how  instituted,  institute  the  necessary  proceedings  in  behalf  of  the  municipality  or 
county  in  the  proper  court,  to  carry  out  the  object  of  the  resolution 
in  regard  to  taking  private  property   by   the   city,  village   or   county. 

jurisdiction  of    jurjgciiction  is  hereby  conferred  upon  the  circuit  court  for  the  county 

circuit  court.  J  '  J 

roviso.  in  all  cases  brought  under  this  act:  Provided,  That  in  cities  having  a 


LAWS   RELATING   TO   THE   CITY    OF   DETROIT.  405 


OPENING  OK  STREETS  AND  ALLEYS.  CHAPTER    30 


recorder's  court,  the  proceedings  shall  be  instituted  and  prosecuted  in 
that  eourt,  and  in  cities  having  a  superior  court  and  no  recorder's 
court,  such  proceedings  shall  be  instituted  and  prosecuted  in  such 
superior  court,  unless  otherwise  ordered  by  the  board  of  supervisors 
in  matters  pertaining  exclusively  to  the  interests  of  the  county. 

(§753.)  Sec.  3.  The  city,  village  or  county  clerk  shall  make  p  ;  ion  t  be 
and  deliver  to  such  attorney,  as  soon  as  may  be,  a  copy  of  such  re-  attorney, 
solution  certified  under  seal,  and  it  shall  be  the  duty  of  such  httorney 
to  prepare  and  file  in  the  name  of  the  city,  village  or  county  in  the 
court  having  jurisdiction  of  the  proceedings,  a  petition  signed  by  him 
in  bis  official  character  and  duly  verified  by  him;  to  which  petition  a 
certified  copy  of  the  resolution  of  the  common  council,  board  of 
trustees  or  board  of  supervisors  shall  be  annexed,  which  certified  copy 
shall  be  frima  facte  evidence  of  the  action  taken  by  the  common  coun- 
cil, board  of  trustees  or  board  of  supervisors   and  of  the   passage  of 

said  resolutions.     The  petition  shall  state,  among  other  things,  that   it  What  petition 

to  state, 
is  made  and  filed  as   commencement  of  judicial    proceedings    by  the 

municipality  or  county  in  pursuance  of  this  act  to  acquire  the  right  to 

take  private  property  for   the   use   or   benefit  of   the  public,  without 

consent  of  the  owners,  for  a  public  improvement,  designating  it,  for  a 

just  compensation  to  be  made.     A  description  of  the  property  to   be  Description 

of  i>roperty,  etc. 

taken  shall  be  given,  and  generally  the  nature  and  extent  of  the  use 
thereof  that  will  be  required  in  making  and  maintaining  the  improve- 
ment 8hall  be  stated,  and  also  the  names  of  the  owners  and  others  in- 
terested in  the  property,  so  far  as  can  be  ascertained,  including  those 
in  possession  of  the  premises.  The  petition  shall  also  state  that  the 
common  council  or  board  of  trustees  or  board  of  supervisors  has  de- 
clared such  public  improvement  to  be  necessary  and  that  they  deem 
it  necessary  to  take  the  private   property  described  in  that  behalf  for 

such  improvement  for  the  use  or  benefit   of   the  public.     The  petition 

Jury. 

shall  ask   that  a  jury    be  summoned  and    empaneled    to    ascertain 


),>(>  l.AWS    RELATING    TO    THE    CITY    OK    DETROIT. 


Chapter  80.  opening  of  streets  and  alleys. 


and  determine  whether  it  is  necessary  to  make  such  public 
improvement,  whether  it  is  necessary  to  take  such  private 
property  as  it  is  proposed  to  take,  for  the  use  or  benefit  of  the 
public,  and  to  ascertain  and  determine  the  just  compensation  to- 
be  made  therefor.  The  petition  may  state  any  other  pertinent 
matter  or  things  and  may  pray  for  any  other  or  further  relief 
to  which  the  municipality  or  county  may  be  entitled  within  the  ob- 
jects of  this  act. 

Clerk  to  issue  (§  754.)     Si<;c.  4.     Upon  receiving  such   petition,   it   shall  be  the 

summons. 

duty  of  the  clerk  of  said  court  to  issue  a  summons  against  the  res- 
pondents named  in  such  petition,  stating  briefly  the  object  of  said  pe- 
tition, and  commanding  them,  in  the  name  of  the  people  of  the  State 
ot  Michigan,  to  appear  before  said  court,  at  a  time  and  place  to  be 
named  in  said  summons,  not  less  than  twenty  nor  more  than  forty 
days  from  the  date  of  the  same,  and  show  cause,  if  any  they  have, 
why  the  prayer  of  said  petition  should  not  be  granted. 

f?  755.)     Sec.  5.     Said  summons  shall  be  served    by  the  sheriff, 

Service'of  v  ' 

summons, etc.  um]er  sheriff,  deputy  sheriff  of  the  county,  or  by  any  member  of  the 
metropolitan  police  of  the  city  of  Detroit,  at  least  five  days  before  the 
return  day  thereof  upon  all  of  the  respondents  found  within  the 
county,  by  exhibiting  the  original  and  delivering  a  copy  to  each  of 
them.  If  any  respondent  who  is  a  resident  of  the  county  cannot  be 
found,  the  summons  shall  be  served  by  leaving  a  copy  thereof  at  his 
or  her  usual  or  last  place  of  abode,  with  some    person  of  suitable  age 

When  minor,     and  discretion.     If  any  minor  or  person  of  unsound  mind  is   interest, 

etc, is  interested 

ed  in  the  premises  to  be  taken,  service  may  be  made  on  the  guardian 
of  such  person,  if  any,  and  if  there  is  no  guardian  the  court  may  ap- 
point some  discreet  and  proper  person  to  be  guardian  of  such  person 
in  such  proceedings;  any  such  guardian  shall  have  authority  to  repre- 
sent such  person  in  said  proceedings.  The  proceedings  to  appoint 
such  guardian  shall  be  the  same  as  in  other  cases  provided  by  statute^ 


Guardian. 


LAWS    RELATING   TO   THE   CITY   OF   DETROIT.  407 

OPENING  OF  STREETS  AND  ALLEYS.  CHAPTER    S» 


If  it  shall  appear  on  the  return  day  of  the  summons  that   any  respon- 
dent cannot  be  found  within  the  county  and   has   not  been  served  in 

When  re- 

the  manner  provided,  or  is  a  non-resident  and  has  not  voluntarily  ap-  spondent  is  a 

non-resident. 

peared,  the  court  may  make  an  order  requiring  such  respondent  or 
respondents  to  appear  and  show  cause  why  the  prayer  of  the  petition 
should  not  be  granted  on  a  day  to  be  named  in  the  order  not  less  than 
thirty  days  from  the  date  thereof,  and  may  require  that  a  certified 
copy  of  such  order  be  personally  served  on  such  respondents  wher-  Personal 
ever  found,  if  practicable,  at  least  six  days  before  the  time  named  in 
the  order  for  appearance,  or  the  court  may  make  such  order  for  ap- 
pearance and  require  as  to  any  or  all  such  respondents  who  shall  not 
have  been  personally  served  and  have  not  appeared,  that  service  be 
made  by  publishing  a  certified  copy  of  such  order  for  three  successive  Service  by 

J    l  o  •>  publication. 

weeks  at  least  once  in  each  week  in  at  least  one  newspaper  published 
within  the  municipality  or  county,  if  there  be  one,  and  if  not  then  in 
a  paper  published  in  the  county  nearest  thereto,  the  last  publication 
to  be  at  least  six  days  before  the  day  fixed  in  the  order  for  appearance. 
Alias  and  fluries  summons  may  be  issued  and  the  court    may  adjourn  Alias  and 

pluries  sum- 

the  proceedings  from  time  to  time  as  there  shall  be  occasion  and  as  in  mons- 
other   civil  cases.     Service  of  such  order  for  appearance   in    either 
mode  prescribed  shall  be   sufficient  notice  of  the  proceedings  to  bind 
the  respondents  and  the  property  represented  by  them.     The  return  Return  of 

-—  ,       ..       »  .-.        -,  •  officer. 

of  the  officer  upon  the  summons  and  an  affidavit  of  the  due  service  or 
the  publication  of  the  order  for  appearance  if  any,  shall  lie  filed  in 
the  clerk's  office  before  a  jury  .-hall  be  empaneled  and  be  sufficient 
evidence  of  service  on  the  respondents  and  of  the  manner  of  service. 

(S  756  1     Sec    6.     On  the  return  day  of  the  summons,  or  on  some 

13  '  Jury 

subsequent  day  to  which  the    proceedings  are  adjourned,  if   no   suffl-  empanele< 
cient  cause  to  the  contrary  has  been    shown,  the  court    shall   make  an 
order  that  a  jury  be  empaneled  in  the  cause.     Such  jury  shall  be 
composed  of  tw.-lvc  freeholders  of  the  municipality  or  county,  and 


4oS  i.wvs    RELATING    TO   THE   CITY   OK    DETROIT. 


Chapter  80  opening  of  streets  and  alley; 


shall  be  selected  and  empaneled  as  follows:  The  sheriff,  under  sheriff 
or  a  deputy  sheriff  of  the  county,  shall,  on  the  same  day,  or  at  an  ad- 
journed day,  make  a  list  of  twenty-four  resident  freeholders  of  said 
city,  village  or  county,  and  the  city  or  village  attorney,  or  prosecuting 
attorney  in  person,  or  by  au  assistant  or  deputy,  and  the  respondents 
collectively,  shall  each  have  the  right  to  strike  six  names  from  the 
list  of  persons  written  down  as  aforesaid,  and  subject  to  objection  for 
cause,  the  twelve  persons  whose  names  are  left  on  the  list  shall  com- 
pose the  jury  for  the  trial  of  the  cause,  and  shall  be  summoned  to  at- 
tend at  such  time  as  the  court  shall  direct,  by  a  venire  issued  by  the 
clerk  of  the  court,  and  to  be  served  by  one  of  the  officers  aforesaid. 
If  the  respondents  neglect  or  refuse  to  strike  six  names  from  said  list, 
it  shall  be  done  by  the  judge  of  the  court,  and  in  case  any  of  the  per- 
sons to  be  summoned  cannot  be  fouud  in  the  county,  or  being  sum- 
moned do  not  attend,  or  shall  be  excused  for  cause,  or  otherwise, 
talesmen  possessing  the  necessary  qualifications  may  be  summoned 
as  jurors  in  the  case  by  such  sheriff  or  sheriff's  officer,  or  authorized 
person,  and  the  practice  and  proceedings  under  this  act,  except  as 
herein  .provided,  relative  to  empaneling,  summoning  and  excusing 
jurors  and  talesmen,  and  imposing  penalties  or  fines  upon  them  for 
non-attendance,  shall  be  the  same  as  the  practice  and  proceedings  of 
the  circuit  courts  of  the  state  relative  to  petit  jurors  in  civil  cases  in 
such  courts,  except  that  peremptory  challenges  shall  not  be  allowed. 

Oath  of  Jurors  (§  ^7.)     Sec.  7.     The   jurors   so   empaneled   shall   be  sworn   or 

shall  affirm  in  substance  as  follows:  "You  do  solemnly  swear  (or 
affirm)  that  you  will  well  and  truly  ascertain  and  determine  whether 
there  is  a  public  necessity  for  making  the  proposed  improvement  and 
for  taking  for  the  use  or  benefit  of  the  public  the  private  property 
which  the  petition  describes  and  prays  may  be  taken,  and  if  you  shall 
determine  that  it  is  necessary  to  make  such  improvement  and  to  take 
said  property,  that  then  you  ascertain,  determine  and   award  the  just 


LAWS    RELATING   TO   THE   CITY    OF    DETROIT.  409 

OPENING  OF  STREETS  ANT)   ALLEYS.  •  CHAPTER    30 


compensation  to  be  made  therefor,  and  faithfully  and  impartially  dis- 
charge all  other  duties  as  devolve  upon  you  in  this  case,  and  unless 
discharged  by  the  court  a  true  verdict  give  according  to  law  and  the 
evidence,  so  help  you  God,  (or  under  the  pains  and  penalties  of  per- 
jury.)"    The  jury  shall  hear  the  proofs  and  allegations  of  the  parties,  jury  t0  hear 

proofs  and  alle- 

and  if  so  ordered  by  the  court  shall  go  to  the  place  of  the  intended  gations,  etc. 
improvement,  in  the  charge  of  an  officer,  and  upon  or  as  near  as  prac- 
ticable to  any  property  proposed  to  be  taken  and  examine  the   prem- 
ises     Thev  shall  be  instructed  as  to  their  duties  and  the   law  of  the  To  receive  in- 

J  •  structions  in 

case  by  the  judge  of  the  court  and  shall  retire  under  the  charge  of  an  law>  etc- 

officer  and  render  their  verdict  in  the  same  manner  as  on   the  trial  of 

an  ordinarv  civil  case,  but  the  same  shall  be  in  writing  and  be  signed  Verdict,  to  be 

in  writing-. 

by  the  foreman  or  by  all  the  jurors. 

(S  758.)     Sec.  8.     The  jury  shall  determine  in   their  verdict  the  What  verdict 

to  determine. 

necessity  for  the  proposed  improvement  and  for  taking  such  pri- 
vate property  for  the  use  or  benefit  of  the  public  for  the  proposed  im- 
provement, and  in  case  they  find  such  necessity  exists  they  shall 
award  to  the  owners  of  such   property  and   others  interested  therein 

such  compensation  therefor  as  they  shall  deem  just.     If  any  such  pri-  property  sub- 
ject to 
vate  property  shall   be   subject  to   a   mortgage,  lease,  agreement,  or  mortgage, "etc 

other  lien,  estate  or  interest,  they  shall  apportion  and  award  to  the 

parties  in  interest   such    portion   of  the   compensation  as   they   shall 

deem  just. 

(8  759.)     Sec.  9.     To  assist  the   jury  in   arriving  at   their  verdict 

va  '  Jury  may  take 

the  court  may  allow  the  jury,  when  they  retire,  to  take  with  them  the  ^j^nr(^;; 
petition  filed  in  the  case  and  a  map  showing  the  location  of   the   pro- 
posed improvement  and  of  each  and  all  of  the  parcels  of  property  to 
be  taken,  and  may  also  submit  to  them  a  blank  verdict  which  may  be 
as  follows: 


4io 


LAWS    RELATING   TO   THE    CITY   OK    DETROIT. 


i  h  m'iw  80. 


nriMM.  mi    siui  lis    \M>    \i  i  n  s. 


Blank  verdict.  ^  *'  lm^  1'lia'  ^  *s necessary  to  take  the  private 

property  described  in  the  petition  in  this  cause,  for   the   use   and  [or| 
benefit  of  the  public,  for  the  proposed  public  improvement. 


The  just  compensation  to  be  paid   for  such  private  property   we 
have  ascertained  and  determined,  and  hereby  award  as  follows: 


Verdict  set 
aside  same  as 
in  civil  suits. 


Amendments 


Description  of  each   of 
the   several     parcels 
of    private     property 
to  be  taken. 

Owners.      occupants, 
and  others  interest  - 
.   ed  in  each   parcel. 

Compensation. 

To  whom  payable. 

The  different  descriptions  of  the  property  and  the  names  of  the 
occupants,  owners,  and  others  interested  therein,  may  be  inserted  in 
said  blank  verdict,  under  the  direction  of  the  court,  before  it  is  sub- 
mitted to  the  jury,  or  it  may  be  done  by  the  jury. 

(§  760.)  Sec.  10.  The  verdict  of  the  jury  may  be  set  aside  by 
the  court  and  a  new  trial  ordered  as  in  civil  suits  at  law  in  the  circuit 
courts  of  this  state.  Amendments  either  in  form  or  substance  may  be 
allowed  in  any  paper,  petition,  process,  record,  or  proceeding,  or  in 
the  description  of  property  proposed  to  be  taken,  or  the  name  of  any 
person,  whether  contained  in  a  resolution  passed  by  the  common 
council,  board  of  trustees,  or  board  of  supervisors  of  the  county,  or 
otherwise,  whenever  the  amendment  will  not  interfere  with  the  sub- 
stantial rights  of  the  parties.  Any  such  amendment  may  be  made  af- 
ter as  well  as  before  judgment  confirming  the  verdict  of  the  jury. 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT  411 

OPENING  OF  STREETS  AND  ALLEYS.  CHAPTER  30 


(8  761.)     Sec.   11.     Motions  for  a  new  trial   or  to  arrest  the  pro- Motions  for 

°  new  trial,  etc. 

ceedings  shall  be  made  within  two  days  after  the  rendition  of  the  ver- 
dict, unless  further  time  is  allowed  by  the  court;  and  if  no  such  mo- 
tion is  made,  or  being  made  is  overruled,  the  court  shall  enter  an  or- 
der or  judgment  confirming  the  verdict  of  the  jury;  and  such  judg-  confirmation 

of  verdict. 

ment  of  confirmation,  unless  reversed  by  the  supreme  court,  shall  be 
final  and  conclusive  as  to  all  persons  interested  therein. 

(§  762.)  Sec.  12.  Any  person  whose  property  may  be  taken,  A1_ 
considering  himself  aggrieved,  may  appeal  from  the  judgment  of  the 
court  confirming  the  verdict  of  the  jury  by  filing  in  writing  with  the 
clerk  of  said  court  a  notice  of  such  appeal  within  five  days  after  the 
confirmation,  and  within  the  same  time  serving  a  copy  thereof  on  the 
city  or  village  attorney,  or  prosecuting  attorney  of  the  county,  and  fil- 
ing a  bond  in  said  court,  to  be  approve  by  the  judge  thereof,  condi-  ppea 
tioned  for  the  prosecution  of  said  appeal  to  judgment  and  the  pay- 
ment of  all  costs,  damages,  and  expenses  that  may  be  awarded 
against  him,  in  case  the  judgment  of  confirmation  shall  be  affirmed. 
Such  appeal  shall  be  perfected  within  the  same  time  and  prosecuted 

Perfecting 

as  an  appeal  in  chancery,  as  near  as  may  be,  subject  to  the  provisions  aPPeal- 
of  this  act. 

(§  763.)~Sec.     13.     Incase   of  such   an  appeal   the  clerk  of  the  Duty  nf  cierks 

on  appeal. 

court,  on  payment  of  his  legal  fees  and  charges,  shall  transmit  to  the 
supreme  court  a  certified  copy  of  the  necessary  riles,  records,  and  pro- 
ceedings in  the  case;  and  the  judge  of  the  court  shall,  at  the  request 
of  the  appellant,  settle  a  case  according  to  the  usual  practice  of  .-aid 
court,  showing  the  materia,]  evidence  and  instructions  given  to  the 
jury  bearing  upon  any  disputed  points  to  which  exception  was  taken, 
and  the  objections,  rulings,  and  exceptions  in  the  case,  all  of  which 
shall  be  returned  by  said  eh  rk  as  part  of  the  records,  to  the  clerk  of 
the  supreme  court. 


4I2  CAWS    RK1.AT1NC.    XO    TIIK    CITY    OK    DETROIT. 

(.11  vi-  I  »  K  80.  OPENING  OF  STREETS  AND  Al  LEYS. 


,,..,;„„  ou  (>?  764.)     Sec.    14.     The    said  appeal   may   be   brought  on     for   a 

hearing  at  any  term  of  the  supreme  court,  and  said  court  may  affirm, 
or  tor  any  substantial  error  reverse  the  judgment,  and  may  grant  a 
new  trial.  The  said  court  shall  allow  the  prevailiug  party  his  reason- 
able costs  and  expenses  to  be  taxed,   and  give  judgment  as  in  oth«r 

chancery  appeals,  and  all  costs,  damages  and  expenses  awarded  to  the 
i  osts,  expenses 

city,  village  or  county,  if  it  so  elect,  may  be  applied  on  or  deducted 
from  the  compensation,  if  any,  to  be  paid,  or  execution  may  issue  on 
the  judgment.  Damages  may  be  awarded  against  a  party  appealing 
without  reasonable  cause. 

When  clerk  to  (§  765.)     Sec.  15.     When  the  verdict  of  the  jury  shall  have  been 

transmit  cer- 
tified copy  of      finally  confirmed  by  the  court,  and  the  time  in  which  to  take  an  ap- 

proceedings. 

peal  has  expired,  or,  if  an  appeal  is  taken,  on  the   filing  in  the  court 

below  of  a  certified  copy  of  the  order  of  the  supreme  court,   affirming 

the  judgment  of  confirmation,  it  shall  be  the  duty  of  the  clerk  of  the 

court  to  transmit  to  the  common  council,  board  of  trustees,  or  board 

of  supervisors,  a  certified  copy  of  the  verdict  of  the  jury,  and   of  the 

judgment  of  confirmation,  and  of  the  judgment,  if  any,  of  affirmance; 

and  thereupon,  the  proper  and  necessary  proceedings,  in   due  course, 

shall  be  taken  for  the  collection  of  the  sum  or  sums  awarded  ^by  the 

jury.     If  the  common  council,  or  board  of  trustees,  or  board  of  super- 
Assessments 

ben0erfiung *"  visors,  believe  that  a  portion  of  the  city,  village  or  county  in  the  vi- 
cinity of  the  proposed  improvement,  will  be  benefited  by  such  im- 
provement, they  may,  by  an  entry  in  their  minutes,  determine  that  the 
whole  or  any  just  proportion  of  the  compensation  awarded  by  the  jury 
shall  be  assessed  upon  the  owners  or  occupants  of  real  estate  deemed 
to  be  thus  benefited;  and  thereupon  they  shall,  by  resolution,  fix  and 
determine  the  district  or  portion  of  the  city  [or]  village  or  county  ben- 
efited, and  specify  the  amount  to  be  assessed  upon  the  owners  or  oc- 
cupants of  the  taxable  real  estate  therein.  The  amount  of  the  bene- 
fit thus  ascertained  shall  be  assessed  upon  the  owners  or  occupants  of 


I.AWS    RELATING    TO   THE   CITY    OF    DETROIT.  413 

OPENING  OF  STREETS  AND  ALLFA'S.  CHAPTER    :J,I> 


such  taxable  real  estate,  in  proportion  as  nearly  as  may,  to  the  advan- 
tage which  such  lot,  parcel,  <>r  subdivision  is  deemed  to  acquire  by 
the  improvement.     The  assessment   shall    be   made  and   the   amount  Making  and 

collt  -i 

levied  and  collected  in  the  same  manner  and  by  the   same  officers  and  assessments. 

proceeding,  as  near  as  may  be,  as  is   provided   in   the  charter  of  the 

municipality  for  assessing,  levying,   and   collecting  the  expense  of   a 

public  improvement  when  a  street  is    graded.      The  assessment  roll  when  assess- 
'  *  •  ment  roll  to 

containing  said  assessments,  when  ratified  and  confirmed  by  the  com-  e  na  ' 
mon  council,  board  of  trustees,  or  board  of  supervisors,  shall  be  final 
and  conclusive,  and  prima  facie  evidence  of  the  regularity  and  legality 
of  all  proceedings  prior  thereto,  and  the  assessment  therein  contained 
shall  be  and  continue  a  lien  on  the  premises  on  which  the  same  is 
made,  until  payment  thereof.  Whatever  amount  or  portion  of  such 
awarded  compensation  shall  not  be  raised  in  the  manner  herein  pro- 
vided, shall  be  assessed,  levied  and  collected  upon  the  taxable  real  es- 
tate of  the  municipality,  the  same  as  other  general  taxes  are  assessed 
and  collected  in  such   city,   village   or   county.     At   any  sale   which 

City  may  be- 
takes place  of  the  assessed   premises,  or   any    portion   thereof,   delin- come  purchaser 

at  tax  sale, 
quent  for  non-payment  of  the   amount   assessed   and   levied   thereon, 

the  city,  [orj  village  or  county  may  become  a  purchaser  at  the  sale. 

(§  760.)     Sec.  16.     Within  one  year  after  the  confirmation  of  the  compensation, 

how  paid,  etc. 
verdict  of  the  jury  or  after  the  judgment  of  confirmation  shall  on  ap- 
peal be  confirmed,  the  common  council,  board  of  trustees  or  board  of 
supervisors  shall  set  apart  and  cause  to  be  provided  in  the  treasury, 
unless  already  provided,  the  amount  required  to  make  compensation 
to  the  owners  and  persons  interested  for  the  private  property  taken  as 
awarded  by  the  jury,  and  shall,  in  the  resolution  setting  apart  and 
providing  said  sum,  if  not  already  provided,  direct  the  city  or  village 
treasurer,  or  the  county  treasurer,  to  pay  to  the  persons  respectively 
entitled  to  the  money  so  set  apart  and  provided,  to  each  his  or  her 
proportion,  as  ascertained  and  awarded  by  said  verdict.     And  it  shall 


4«4 


i.wvs    RELATING     CO    L'HE   CITY   OF    DETROIT. 


ClIAPT] 


Duty  of 
treasurer. 


Ol'l    \l\l.   ill-    s  I  K  I    I-  I  s    \\li    Al    I    I   \  -.. 


Council,  etc. 
may  borrow 
money. 


Duty  of 
treasurer. 


When  council, 

etc.,  may  take 
-ion. 


In  case  of  re- 
sistance, etc. 


Writ  of 

assistance. 


be  tin'  duty  of  the  treasurer  to  securely  hold  such  money  in  the  trea- 
sury for  the  purpose  of  paying  for  the  properly  taken,  and  pay  the 
same  to  the  persons  entitled  thereto,  according  to  the  verdict  of  the 
jury,  on  demand,  and  not  pay  out  the  money  lor  any  other  purpose 
whatever.  The  common  council,  hoard  of  trustees  or  hoard  of  super- 
visors may  provide  the  necessary  amount  by  borrowing  from  any 
other  money  or  fund  in  the  treasury,  and  repay  the  same  from  money 
raised  to  pay  the  compensation  awarded  by  the  jury  when  collected, 
or  otherwise,  as  they  may  provide.  Whenever  the  necessary  sum  is 
actually  in  the  treasury  for  such  purpose,  the  treasurer  shall  make 
and  sign  duplicate  certificates,  verified  by  his  oath,  showing  that  the 
amount  of  compensation  awarded  by  the  jury  is  actually  in  the  treasury 
for  payment  of  the  private  property  taken  in  the  case,  giving  the  title 
of  the  case;  he  shall  cause  one  of  the  certificates  to  be  tiled  in  the  of- 
fice of  the  clerk  of  the  court  in  which  the  proceedings  were  had,  and 
the  other  to  he  riled  with  the  city  clerk  or  county  clerk,  which  certi- 
ticates  shall  be  prima  jacie  evidence  of  the  matters  therein  stated. 
Whenever  the  amount  of  the  compensation  is  in  the  treasury  and  thus- 
secured  to  be  paid,  the  common  council,  hoard  of  trustees,  or  hoard  of 
supervisors,  may  enter  upon  and  take  possession  of  and  use  such  pri 
vate  property  for  the  purposes  for  which  it  was  taken  and  may  remove 
all  buildings,  fences  aud  other  obstructions  therefrom.  In  case  of  re- 
sistance or  refusal  on  the  part  of  any  one  to  the  common  council,, 
board  of  trustees,  or  board  of  supervisors,  or  their  agents  and  servants 
entering  upon  aud  taking  possession  of  such  private  property  for  the 
use  and  purpose  for  which  it  was  taken,  at  any  time  after  the  amount 
of  the  compensation  aforesaid  is  actually  in  the  treasury,  ready  to  be 
paid  to  those  entitled  thereto,  the  common  council,  board  of  trustees, 
or  board  of  supervisors,  by  the  city  or  village  attorney,  or  prosecuting 
attorney,  may  apply  to  the  court,  and  shall  be  entitled,  on  making  a 
sufficient  showing,  to  a  writ  of  assistance  to  put  them  in  possession  of. 
the  property. 


LAWS   RELATING    TO   THE   CITY    OF    DETROIT.  415 

OPENING  OF  STREETS  AND    VI.LEYS.  C  IIAPTfcK    30 


(§  767.)     Sec.   17.     Officers,  jurors  and  witnesses  in  any  proceed-  £f°^"1?sation 
iugs  under  this  act  shall  be  entitled  to  receive  from  the  city,  [or]  vil- 
lage or  county  instituting  the  proceedings,  the  same  fees  and  coinpen" 
satioQ  as  are  provided  by  law  for  similar  services  in   an   ordinary  ac- 
tion at  law  in  the  circuit  courts  of  this  state. 

(§  768.)     Snc.  18.     The  practice  and  proceedings  of  the  recorder's  Practice  in 

recorder's  court 

court  of  the  city  of  Detroit  under  this  act,  relating  to  the   summoning  of  Detroit, 
and  excusing  of  jurors  and  talesmen  and  to  imposing  penalties   upon 
them  for  non-attendance,  shall  be  the  same  as  the  practice  and   pro- 
ceedings of  said  court  relative  to  petit  jurors  for  the  trial  of  criminal 
cases,  but  no  peremptory  challenges  shall  be  allowed. 

(§  709.).     Sec.  19.     All  the  expenses  and  costs   of  the   proceed- Costs  and 

expenses, 
ings  to  take  and  use  private  property  under  this  act,  incurred  by   the 

municipality  or  county,  shall  be  paid  out  of  the  general  fund,  contin- 
gent fund,  or  a  fund  provided  for  such  purposes,  as  the  case  may  be; 
and  it  shall  be  lawful  for  the  judge  in  any  case  to  order  the  payment 
by  the  city,  village  or  county  to  any  respondent  of  such  a  reasonable 
attorney  fee  as  he  may  deem  just,  not  exceeding  twenty-five  dollars,  Attorney  fee 
which  may  lie  taxed  with  the  costs. 

(§  770.)    Sec.  20.     The  cities  and  villages  of  this  state,  authorized  Property  may 

bo  taken  to 

to  take  or  hold  land  or  property  outside  of   their  corporate  limits  for  secure  water 

supply. 

obtaining  and  securing  a .supply  of  water  to  the  municipality,  or  for 
any  other  public  purpose,  may  take  private  property  therefor,  pro 
vided  it  is  for  the  use  or  benefit  of  the  public.     The  proceedings  in  all  ,, 

1  Proceeding's 

such  cases  shall  comply,  as  near  as  may  be,  to  the  proceedings  pre- 
scribed by  this  act,  but  shall  be  instituted  in  the  circuit  court  of  the 
county  where  the  property  is  situated,  and  the  jury  shall  be  composed 
of  twelve  freeholders  of  the  county,  and  shall  be  eaipaneled  as  fol- 
lows:   The  sheriff,  under  sheriff,  or  a  deputy   sheriff  of  I  he   county 

•    Empaneling 
shall  make  a  list  of  twenty-four  freeholders  residing  in  the  vicinity  of  a  '"'v' 


416  i.wvs  relating   ro  nil;  citi  o*  Detroit. 


ClIArTl  OPENING  01'  STKEE  IS  AND  Al  1.1-  V  S. 


the  property,  and  the  city  attorney  and  the  respondents,  collectively* 
shall  each  have  the  righl  to  strike  six  names  from  said  list,  and  the 
twelve  persons  left  thereon  shall  compose  the  jury,  and  shall  he  sum- 
moned to  attend  by  a  venire  issued  by  'he  clerk  of  said  court,  and  to 
be  served  by  one  of  said  sheriffs.  IT  the  respondents  neglecl  or  re 
fuse  to  strike  six  names  from  said  list,  it  shall  he  done  by  the  circuit 
judge,  and  in  case  any  of  the  persons  so  summoned  shall  not  attend, 
or  shall  he  excused  for  cause  or  otherwise,  talesman  [talesmen]  pos 
sessing  the  necessary  qualifications  shall  be  summoned  by  one  of  said 

officers. 

(§  771.)     Sec.  21.     The   common   council,   board   of  trustees,   or 
n  for  new 

trial, appeal, et  hoard  of  supervisors  shall  not  have  power  to  discontinue  proceedings 
under  this  act  after  the  rendition  of  the  verdict  of  the  jury,  but  they 
may  direct  the  city  or  village  attorney,  or  prosecuting  attorney  of  the 
county  to  move  for  a  new  trial,  or  to  arrest  the  proceedings,  or  to  take 
an  appeal  to  the  supreme  court,  and  in  any  such  case  the  same  pro- 
ceedings shall  be  taken  as  are  hereinbefore  prescribed  in  the  case  of 
like  proceedings  on  the  part  of  any  respondent,  except  that  uo  bond 
shall  be  required,  nor  shall  the  municipality  or  county  be  required  to 
pay  the  clerk  of  the  recorder's  or  superior  court  fees. 

(8  172.)     Sec.  22.     It  shall  be  prima  facie  evidence  as  to  who  are 

owners  of    and   persons   interested    in  any   property   proposed   to  be 

Evidence  of       taken  in  the  proceedings  instituted  under  this  act,   if   the   register   or 

ownership  of 

property.  deputy  register  of  deeds  of  the  county  shall  testify  in   open  court  that 

he  has  examined  the  records  and  titles  in  his  office,  and  states  who 
such  records  show  are  the  owners  of  and  persons  interested  in  such 
property,  and  the  nature  and  extent  of  such  ownership  and  interest; 
and- an  abstract  of  the  title  of  such  property,  or  of  any  parcel  or  par- 
cels thereof,  certified  by  the  register  or  deputy  register  of  deeds, 
shall  also  be  prima  facie  evidence  as   to   ownership,  and  persons    hav- 


LAWS    RELATING   TO   THE   CITY   OF   DETROIT.  417 


1PJ  MM  ,  (il    S  IVREETS   AND  ALLEYS.  C'lIA 


ing  an  interest  in  any  such  property,  and  the  extent  ami  nature  of 
such  interest. 

(8  ',!:',  1     Sec.  23.     In  case  there  is  on  the  private  property  taken  Sale  of 
vo  buildings,  etc. 

a  building  or  other  structure,  the  same  shall  lie   sold  by  or  under  the 

direction  of  the  common  council,  board  of  trustees,  or  board  of  super- 
visors: the  amount  produced  by  the  sale  shall  belong  and  be  paid  to 
the  fund  for  paying  the  compensation  awarded  lor  the  property 
taken,  and  the  common  council,  board  of  trustees,  or  board  of  super- 
visors shall  cause  such  amount  to  be  credited  and  applied  in  reduction 
fro  rata  of  the  assessment  and  apportionment  made  to  pay  for  the 
property  taken,  provided  that  such  assessments  equal  the  amount  Proviso. 
awarded  for  the  property  taken. 

(§   774.)     Sec.  24.     Cities  and  villages  now  authorized    under  ex-  cities  and 

villages  may 

istiug  acts  of  incorporation,  or  other  special   acts,  to   take  private  pro-  proceed  under 

charter, 
peity  for  public  uses,  may  severally  proceed,  under  the   provisions  of 

their  respective  local  charters,  or  other  special  acts,  or  under  the  pro- 
visions of  this  act;  and  this  act  shall  not  be  construed  as  in  any  way 
affecting  or  impairing  the  provisions  of  such  local  charters  or  special 
acts  on  the  subject  of  taking  private  property  for  public  use. 

0  775.)     Sec.  25.     A.ct  number  twenty-six  of  the  public  acts  of 

Act  repealed. 

eighteen  hundred  and  eighty-two,  approved  March  fifteenth,  eighteen 
hundred  and  eighty-two,  is  hereby  repealed:  but  nevertheless  pro- 
ceedings begun  and  undetermined  under  said  act,  or  any  previous 
act.  shall  not  be  affected  by  such  repeal,  but  may  be  completed  in  all 
respects  and  shall  be  as  binding  as  it  This  act  had  not  been  passed. 


CHAPTER    XXXI. 

ELECTION    LAWS. 

jf-.n  Act  to  prescribe  the  manner  of  conducting  and  to  prevent   fraud 
and  (deception)  deceptions  at  elections  in  this  state. 

(§  776.)  SECTION  1.  The  people  of  the  State  of  Michigan  enact, 
That  at  all  elections  at  which  any  presidential  elector,  member  of  con-  Elections 
gress,  member  of  the  legislature,  state  or  county  officer,  or  circuit 
judge  is  to  be  elected,  or  any  amendments  to  the  constitution,  the 
supervisor,  two  justices  of  the  peace  uot  holding  the  office  of  super- 
visor or  township  clerk,  whose  term  of  office  will  first  expire,  and  the 
township  clerk  of  each  township,  and  the  assessor,  if  there  be  one,  an 
alderman  of  each  ward  in  a  city  shall  be  the  inspectors  of  election  : 
Provided,  That  in  all  voting  precincts  where  by  special  enactment, 
provisions  exist  for  designating  inspectors  of  election,  said  provisions 
.are  not  to  be  superseded,  but  such  officers  shall  be  the  inspectors  of 
■election  under  this  act ;  And  provided,  further,  That  no  person  shall 
act  as  such  inspector,  who  is  a  candidate  for  any  office  to  lie  elected  by 
ballot,  at  said  election.     (As  amended  by  act  approved  June  J,  1893.) 

(§  777.)     Sec.  2.     In  case  four  inspectors  shall  not  attend  at  the  r      ectors 

.  n  ,       .         .,      of  election. 

opening  of  the  polls,  or  shall  not  remain  in  attendance  during  the 
election,  the  electors  present  may  choose,  viva  voce,  such  number  of 
said  ejectors  as,  with  the  inspector  or  inspectors  present,  shall  con- 
stitute a  board  of  four  in  number;  and  such  electors  so  chosen,  shall 
be  inspectors  of  that  election  during  the  continuance  thereof. 

(§  778.)     Sec.  3.     In   townships,  the  township  clerk,  if  present,  Clerks. 
shall  act  as  clerk  of  the  flection,  and  before  tne  opening  jf  the  polls, 


LAWS    RELATING    TO    ill  i     CITV   OF    DETROIT. 

I'M  \"  n  K    31.  '  ELECTION  LAWS. 


the  inspectors  in  each  township  .-shall  appoint  an  elector  to  be  a  second 
clerk  of  the  election;  and  if  the  township  clerk  shall  not  be    present, 

the  hoard  shall  appoint  two  such  clerks,  and  the  inspectors  in  each 
ward  or  voting  precinct  in  a  city  shall  designate  one  of  their  number 
to  act  as  clerk  and  shall  appoint  one  other  elector  as  second  clerk; 
and  each  of  the  clerks  so  appointed,  and  each  of  the  inspectors  so 
chosen,  shall  take  the  constitutional  oath  of  office,  which  oath  either 
of  the  inspectors  may  administer. 

(8  779.)     Sec.  4.     No  election  district  or  voting  precinct  under 
distoicts.  the  provisions  of  this  act  shall  contain  more  than  six  hundred   and 

fifty  electors  according  to  the  poll  list  of  the  hist  preceding  general 
election.  When  any  election  district  or  voting  precinct  shall  contain 
over  six  hundred  ami  fifty  electors,  it  shall  be  the  duty  of  the  town- 
ship board  in  townships,  and  the  city  council  in  cities,  to  divide  such 
voting  precincts  into  two  or  more  election  districts.  In  case  of  town- 
ships and  incorporated  villages  so  divided,  the  provisions  of  chapter 
eight  of  Howell's  Annotated  Statutes  shall  apply  to  and  govern  all 
proceedings  hereunder,  with  reference  to  such  division,  boards  of 
registration,  election  inspectors  and  all  matters  arising  therefrom,  not 
provided  for  by  this  act.  In  cities  where  no  special  provisions  exist 
relative  thereto,  such  division  and  all  matters  arising  therefrom,  not 
covered  by  the  provisions  of  this  act,  shall  be  provided  for  by  ordin- 
ance of  the  common  council  of  said  city,  and  it  is  hereby  made  the 
duty  of  such  common  council  to  make  all  necessary  rules  and  regula- 
'  tions  in  connection  therewith  to  fully  carry  out  the  provisions  of  this 
section  :  Provided,  That  any  election  district  or  voting  precinct  under 
the  provisions  of  this  act  containing  three  hundred  or  more  electors, 
and  not  exceeding  six  hundred  and  fifty  electors  according  to  the  poll 
list  Qf  the  last  preceding  general  election,  may,  at  the  discretion  of 
the  proper  authorities,  be  divided  into  two  election  districts.  (As  ap- 
proved March  16th,  1893.) 


LAW'S    RELATING   TO   THE    CITY   OF    DETROIT.  421 


1  1  I  CVION  TAWS  ill.-    31 

(§  780.)     Sec.  5.     On  the  day  of  election  the  polls  thereof  shall  be  Polls;  time  of 

openinf 
opened  at  seven  o'clock  in  the  forenoon,  or  as  soon  thereafter  as  may  closm£- 

be,  and  shall  he  continued  open  until  live  o'clock  in  the  afternoon  of 

the  same  day.  and  no  longer;  but  in  townships  the  board  may  adjourn 

the  polls  at  twelve  o'clock   noon,   for  one  hour,   in  their   discretion. 

The  inspectors  shall  cause  proclamation  to  be  made  upon  opening  the 

polls,  and  shall  also   cause  proclamation  to  be  made  of  the  closing  of 

the  polls,  one  hour,  thirty  minutes  and   fifteen  minutes,  respectively, 

before  the  closing  thereof. 

(§  781.)  Sec.  G.  There  shall  be  provided  and  kept  by  the  town-  B.ll]ot  lloxes 
ship  clerk  in  each  township,  at  the  expense  of  such  township,  and  in 
each  ward  or  voting  precinct  of  any  city,  by  the  city  clerk  or  recorder 
at  the  expense  of  the  city,  one  or  more  suitable  ballot  boxes,  with 
lock  and  key,  which  ballot  box  shall  have  an  opening  through  the  lid 
of  the  proper  size  to  admit  a  single  closed  ballot,  through  which  each 
ballot  received  shall  be  passed  into  the  box.  He  shall  also  furnish  a 
township  or  ward  election  seal,  which  shall  contain  the  name  of  the 
township  or  ward,  and  the  words  "  election  seal  "  around  the  margin 
thereof,  and  such  other  words  or  device  thereon  as  the  township 
board  of  the  township  or  the  common  council  of  the  city  may  prescribe. 

(8  782.)     Sec.  7.     Before  opening  the  poll,  the  ballot  box  shall  be 
0  f  &  1        '  Ballot  boxes 

examined,  and  the  contents,  if  any,  removed   therefrom;  it  shall  then  before^penlng 

of  polls, 
be  locked,  and  the  key  thereof  delivered  to  one  of  the  inspectors,  to 

be  designated  by  the  board.     The  said  box  shall  not  be  opened  during 

the  election,  except  as  provided  by  law.  and  in  case  of  adjournments. 

(§  783.)     Sec.  8.     When  the  supervisor  shall  be  one  of  the  board,  chairman 
lie  shall  be  chairman  thereof;  but  if  he  be  absent,  such    one   of  their 
number  as  the  inspectors  shall  designatf ,  shall  be  chairman. 

(§  784.)     Sec.  '•».      In  each  county  in  the  state,  the  judge  of   pro-  fiectior^ 

commissioners. 
bate,  county  clerk  and    county  treasurer,   shall   constitue  a  board  of  how  constituted 


.422  CAWS    RELATING    TO   THE   CITY    OF    DETROIT. 

CH  MTIK  81,  ELECTION  LAWS 


Duties  of. 


election  commissioners,  two  of  whom  shall  constitute  a  quorum  and 
of  which  board  the  judge  Of  probate  shall  be  chairman  and  the  county 
clerk  shall  be  secretary.  It  shall  be  the  duty  of  said  board  to  prepare 
and  distribute  ballots  and  stamps  for  election  of  all  officers  for  whom 
the  electors  are  entitled  to  vote,  and  for  all  proposed  constitutional 
amendments  or  other  questions  to  be  submitted  to  the  electors  of  the 
state  for  popular  vote  in  compliance  with  the  provisions  of  law.  The 
members  of  said  board  shall  serve  without  compensation. 

(2  785.)  Sec.  10.  The  said  board  of  election  commissioners  shall 
cause  to  be  printed  on  the  ballot  the  names  of  the  candidates  nomi- 
nated by  the  regularly  called  conventions  of  any  party,  and  it  shall  be 
the  duty  of  the  state,  district  or  county  committee  of  each  political 
party  to  forward  to  the  said  board  of  ejection  commissioners  of  each 
county  in  the  state,  not  less  than  twenty  days  prior  to  any  such  elec- 
tion, a  copy  of  the  vignette  adopted  by  them  and  the  names  of  all  can- 
didates nominated  at  any  regularly  called  convention,  at  which  candi- 
dates for  any  of  the  offices  mentioned  in  section  one  of  this  act  shall 
be  nominated  and  no  other  names  unless  authorized  or  instructed  by 
said  convention.  All  the  names  of  parties  so  nominated  shall  be  cer- 
tified to  by  the  chairman  and  secretary  of  the  respective  committees. 

State  committee  (§-786.)     Sec.  11.     It  shall  hereafter  be  the  duty  of  the  state  com- 

duty  of. 

mittee  of  any  political  party  or  organization  in  this  state,   before  each 

election,  to  prepare  and  adopt  by  engraving  or  otherwise,  a  vignette, 

to  be  printed  at  the  top  of  the  column  of  such  ballot  assigned  to  such 

party,  as  a  distinctive  and  characteristic  heading  thereto;  such  vignette 

shall  not  be  more  than  one  inch  and-a-half  square,  and  in  addition  to 

the  device  adopted,  shall  set  forth  legibly  the  name  of  such  party.     A 

proof  copy  of  the  ballot  shall  be  on  file  at  the  office  of  the  county  clerk 

of  each  county,  and   open    fcr  inspection  by  the  candidates  named 

thereon  and  by  the  chairman  of  each  committee  furnishing  the  names 


I,A\VS    RELATING   TO   THE   CITY    OF    DETROIT.  423 

Chapter  31 


ELECTION  I.  WVS. 


of  the  candidates  thereon  but  no  other  person,  at  least  ten  days  prior 
to  each  election.  And  it  shall  be  the  duty  of  the  board  of  election 
commissioners,  to  correct  such  errors  as  maybe  found  therein  by  such 
inspection. 

(§  787.)     Sec.  12.     When  such  vignette  and   heading  shall   have  Copy  of 

vignette  and 

been  adopted  and  prepared,  an  impression  of  the  same,  followed  by  names  of  can- 
1  didates  to  be 

the  names  of  the  candidates  nominated  at  or  by  the  discretion  of  the  j^^JJg8 
regularly  called  convention,  printed  and  sea'ed  up  in  an  envelope, 
shall  be  filed  with  the  county  clerk  of  the  county  where  such  elec- 
tion is  to  be  held,  at  least  twenty  days  before  such  election  ;  also  a 
copy  shall  be  filed  with  the  secretary  of  state  at  least  twenty  days 
prior  to  such  election.  Such  ballots  shall  be  kept  by  the  secretary  of 
state  and  said  county  clerk  on  deposit,  and  from  the  time  of  said  filing- 
it  shall  be  unlawful  for  any  person  to  imitate,  copy  or  in  any  manner 
counterfeit  the  same,  or  change  the  name  of  the  candidate  of  such 
regular  convention,  except  as  herein  provided,  or  by  authority  of  such 
convention.  Such  vignette  and  heading  shall  remain  as  the  heading 
for  the  column  of  such  party  organization  on  the  ballots  of  all  elec- 
tions until  changed  by  the  proper  committee,  and  notiee  thereof  shall 
have  been  given  to  such  county  clerks  and  secretary  of  state.  It  shall 
be  the  duty  of  the  board  of  election  commissioners  to  provide,  at  the 
expense  of  the  county,  a  sufficient  number  of  cuts  of  the  several 
(vignettes)  vignette  provided  for  in  this  act  from  which  to  print  the 
necessary  number  of  ballots  to  be  distributed  by  them. 


(§  788.)     SEC.   IB.     Whenever  a  proposed  constitutional    amend-  constitutional 

amendments, 
incut  or  other  question  is  to  be  submitted  to  the  electors   of  the  state 

for  popular  vote, the  secretary  of  state  shall   duly,  and  not  less  than 

thirty  days  before    election,    certify    the   same  to   the  clerk    of  each 

county  in  the  state. 


4J-J  LAWS    RELATING    TO    THK   Cl'fV   OB'    DETROIT 


ClIAPTl  ELECTION  ]    \  \VS. 


iJrintin  ,     789.)    Sec.    14.     The  board  of  election   commissioners  in  each 

names  on  ballot 

county  shall  cause  the  names  of  all  candidates  for  the  various  offices 
mentioned  in  section  one  of  this  acl  to  be  voted  for  in  each  legislative 

district  of  said  county,  at  an  election  held  p:;r-uanl  to    the    provisions 

of  this  act,  to  be  printed  on  One    ballot,  all    nominations   of  any    party 

to  be  placed  under  the  title  and  devioe  oi  such  party  as  designated  by 

them  in  their  certificate,  and  shall  also   cause  any  proposed  constitu- 

amendments^     tional  amendments  or  other  questions  to  be  submitted  to   the  electors 

of  the  state  for  popular  vote  to  be  printed  at  the  foot  of  said  ballot,  in 

such  convenient  place  as  to  be  readily   distinguishable   one   from  the 

Position  on         other.     The  ticket  of  the  party  having  the  greatest  number  of  votes 
ballot.  ,  ,     ..    , 

within  the   county   at   the    last   preceding    general  election   shall  be 

placed  first  on  the  ballot,  the  position  of  other  tickets  to  be   governed 

relatively  by  the  same  rule.     The  ballots  shall  be  of  uniform  size  and 
Si      and  quality  . 

of  ballot.  of  the  same  quality  of  white  paper,   and  sufficiently   thick  that  the 

printing  cannot  be  distinguished  from  the  back.      The  list  of  candi- 
dates of  each  party  shall  be  placed  in  a  separate  column  of  said   bal- 

Arrangement     lot  with  the  appropriate  heading  ;  and   the   arrangement  of  the  ballot 
of  ballot. 

shall  conform   as   nearly   as  may  be  to  the  following  plan,  and  shall 

contain  the  specific  instruction  therein  set  forth,  and   no  others.     (As 

amended  by  act  approved  June  1,  1893.) 


LAWS    RELATING    TO    THE    CITY    OF    DETROIT. 


ELEC  1  ION   I-  VWS. 


425 

Chapi 


O]  1  HI  \l.    l:  IIXOT 

[Instructions] — In  all  cases  stamp  a  cross  (\i  in  the  circle  under  the  name  of  your  party  at  the 
head  of  tin:  ballot.     If  you  desire  in  vote  ;i  straight  ticket  nothing  further  need  be  done. 

Where  onh  one  candidate  is  to  be  elected  to  any  office,  ami  you  desire  to  vote  fo.-  a  candidate  not 
on  your  party  ticket,  make  a  cross  in  the  square  before  the  name  of  the  candidate  for  whom  you  de- 
sire  to  vote  on  the  other  ticket. 

Where  tw  o  or  more  candidates  are  to  he  elected  to  the  same  office,  anil  yon  desire  to  vote  for  can- 
didati _•-  on  different  tickets  for  such  office,  make  a  cross  in  the  square  before  the  names  of  the  candi- 
dates for  whom  you  desire  to  vote  on  the  other  ticket;  also  erase  an  equal  number  of  names  of  candi- 
dates on  your  party  ticket  for  the  same  office  for  whom  you  do  not  desire  to  vote. 

If  vuu  wish  to  vote  for  a  candidate  not  on  any  ticket,  write  or  place  the  name  of  such  candidate  on 
your  ticket  opposite  the  name  of  the  office.  Before  leaving  the  booth,  fold  the  ballot  so  that  the  ini- 
tials mav  be  seen  on  the  outside. 


NAME    OF    OFFICER 
VOTED  FOR. 


State. 
Governor 


I  VIGNETTE. 

DEMOCRATIC. 

o 


VIGNE  1  I  E. 

j 

REPUBLICAN. 

o 


|Q  Edwin  B.  Winans.   p James  M.Turner.        Q  Lyman  A.  Brant. 

•■■ 

Lieutenant  Governor □  Frederick  Braastad.  [_]  Lemuel  G.  Da  foe.  ♦     i |  William  A.  Johnson 


Secretary  of  State [TJ  Daniel  E.  Super. 


I    [Washington  Gardner|LJ  William  McKinstry 


CONGRESSION  VL. 


Representative  in  Congress- 
fifth  congressional  district..  □  Edwin  F.  I'hl 


l'K  ESIDENT1  VI- 


Electors     of     President     and 

Vice-President J  Arthur  S.  Whin. 


I.I-.CISl.A  1  I  VI-. 


State     Senator —  twenty-first 

district £j  Albert  K.  Roof. 


Representative-  -first  district.  Q  Vincent  P.  Cash 


County. 

Sheriff.. 


Judge  of   Probate  . 


□  Charles  R.  Pratt. 
I     I  Jay  L.   Newberry. 
I  J.  Warren  Peake. 


□  Charles  W.  Watkins  O  Dudley  O.  Watson. 

□  Frederick  Maynard.jQ  John  W.  Ilayward. 


Q  Selitf  Solomon.  jDjohn  M.  Her/. 

□  DeVere  Hall.  □  William  IS.  Jackson. 


^]  William  Halm  □  James  Hanley. 

□  Grant  M.  Morse.         □  Frank  Porter. 

□  John  V.  N.  Gregory.n  Frank  W.  Cook. 


4.26                                   CAWS    RELATING     I'm    I'll!'.    CiTV   OF    DETROIT. 
Chapter  81.  i mi  vws. 


In  case  of  death  (§790.)     SEC.  I"'.      Incase    of  the  death,  removal    or    withdrawal 

ti  ,etc 

of  any  candidate  after  the  printing  of  such  ballots,  and  before  such 
election,  the  chairman  of  the  state,  district  or  county  committee  of 
the  political  party  to  which  such  candidate  belonged,  shall  transmit,  to 
the  county  clerk  the  name  of  the  person  selected  by  such  party  to  till 
such  vacancy,  and  said  county  clerk  shall  provide  the  election,  board 
of  each  precinct  in  which  such  candidate  is  to  be  voted  for  with  a 
provfded° etc,  number  of  pasters  containing  only  the  name  of  such  new  candidate, 
at  least  equal  to  the  number  of  ballots  provided  for  such  precinct,  but 
no  pasters  shall  be  given  to  or  received  by  anyone  except  such  elec- 
1i.ui  board  and  such  chairman,  and  it  shall  be  the  duty  of  the  chair- 
man of  the  board  of  inspectors  of  election  to  put  one  of  such  pasters, 
in  a  careful  and  proper  manner,  in  the  proper  place  on  each  ballot 
before  it  shall  be  given  to  any  elector  for  the  purpose  of  voting.     In 

Whir,  nam.    to  r 

he  printed  in. etc  case  of  such  death,  removal  or  resignation  before  the  printing  of  such 
ballots  the  name  of  the  person  selected  in  the  place  of  such  candi- 
date shall  be  communicated  by  the  proper  committee  of  the  political 
organization  to  which  such  candidate  belonged,  and  the  necessary 
change  in  such  ballot  shall  be  made  by  the  board. 

Unlawful  to  (g  79i)     SfiC.  10.     It  shall  not  be  lawful  for  the  printer  of  such 

use  other  than  s  ' 

ballots  or  any  other  person  to  give,  or  deliver  to,  or  knowingly  permit 
to  be  taken,  any  of  said  ballots,  by  any  person  other  than  the  board  of 
election  commissioners,  for  which  such  ballots  are  being  printed,  or 
in  print,  or  cause  to  be  or  permit  to  be  printed,  any  ballot  in  any  other 
form  than  the  one  prescribed  by  this  act,  or  with  any  other  name 
thereon,  or  with  the  names  misspelled,  or  the  names  or  devices  there- 
on arranged   in   any  other  way  than  that  authorized  and  directed  by 

the  saiil   board   of  election  commissioners:     Provided,  That  it  shall 
Pro\  iso. 

and  may  be   lawful   for  the  chairmen  of  committees  and  candidates 

named  on  the  official  ballot  to  procure  any  number  of  fac  similes  of 

the  ticket  to  be  printed  on  red,  yellow  or  blue  papei ,  and  to  circulate 


LAWS   RELATING    TO    THE   CITY   OE    DETROIT.  427 


ELECTION  LAWS.  CHAPTER    31 


the  same  for  the  purpose  of  the  instructions  of  voters;  and  said  col- 
ored ballots  to  have  printed  at  the  head  the  words,  "  Instruction  bal- 
lot."    (As  amended  by  act  approved  June  1,  1898.) 

(3  792.)     Sec.  IT.     It  shall  be  the  duty  of  the  board  of  election  . 

"  '  J  Sufficient 

commissioners  of  each  county  to  provide  a  sufficient  number  of  bal-  ba™ots  t0  be 

pn  >\  ided. 
lots,  at  least  two  to  each  elector  according  to  the  vote  at  the  last  pre- 
ceding general  election.     They  shall  also  provide  and  enclose  in  each 
package  of  official  ballots  to   be  delivered  to  some  member  of  the 
board  of  election  inspectors  of  each  voting  precinct,  as  hereinafter 
provided,  as  many  metallic  stamps  bearing  a  cross  (X),  together  with  gtam  ^ 
ink  pads  and  metallic  erasing  stamps  as  may  be  necessary,  at  least 
two  stamps  being  furnished  for  every  booth  erected,  as  hereinafter 
provided.     And  the  board  of  election  commissioners  of  each  county 
shall  audit  and  issue  their  warrants  for  the  same,  which  shall  be  paid  now  paid  for. 
by  the  county  treasurer  out  of  the  general  fund  of  the  county.     (As 
amended  by  act  approved  June  1,  1893.) 

(?  793.1    Sec.  18.    Whenever  a  constitutional  amendment  or  other  _, 

'  Of  amend- 

question  is  proposed  to  be  voted  upon  by  the  electors,  the  substance  m< 
of  such  amendment  or  other  question  shall  be  clearly  indicated  upon 
the  ballot,  and  below  the  same  upon  the  ballot  shall  be  placed  in  sep- 
arate lines  the  words  "Yes"  and  "No."  The  elector  shall  designate 
his  vote  by  a  cross  mark  (X)  placed  opposite  the  word  "Yes"  or  the 
wind  "No." 

(§  794.)     Sec.   19.     It  shall  be  the  duty  of  the  chairman  of  the 

Duty  of  chair- 
board  of  election  inspectors  of  each  voting  precinct  in  each  county,  or  man  to  procure 

ballot--.  -  ti 

in  case  he  cannot  attend,  some  other'  member  of  such  board,  author- 
ized in  writing  by  the  said  chairman,  to  appear  at  the  office  of  the 
count}  clerk  of  his  county,  not  more  than  four  nor  less  than  two  (lavs 
before  each  election,  and  the  board  of  election  commissioners  shall 
deliver  to  him  in  a  sealed  package,  the  ballots  and  the  stamps  pro 


CAWS    RELATING    TO    THE   CITY   OF    DETROIT, 


(',,  VPTKR  ELECTION    1  AW 


How  ballots       vided   for   his  precinct.    The  necessary  number  of  ballots  shall  be 

I,    etc. 

wrapped  and  tied  in  packages,  and  securely  sealed  with  wax,  and  the 
(  nairman  of  said  board  or  some  other  member  thereof  duly  authorized 
therefor,  shall  make  and  sign  a  certificate  setting  forth  the  number  of 

ballots  in  such  parka-'',  and  thai  such  ballots  were  packed  and  scaled 
by  himself  personally,  and  upon  delivery  of  such  package  and  said 
certificate  to  such  inspector  of  elections  he  shall  receipt  for  the  same; 
and  for  the  sale  sealing  of  such  ballots  the  county  board  of  election 
commissioners  shall  provide  themselves  with  a  seal  of  such  design  as 

When  to  be 

opened,  etc.  they  tnay  deem  proper.  Said  packages  shall  not  be  opened  until  de- 
livered to  the  election  board  of  the  respective  voting  precincts,  to 
which  they  are  directed,  when  said  boards  shall  be  fully  organized 
and  ready  for  the  reception  of  votes  as  in  this  act  provided. 

When  board  to  (§   'i,50     Sec.  20.     Incase  none  of  the  board  of  election  inspec- 

send  ballots,  etc  ,      , 

tors  of  any  precinct  shall   appear  at  the  oftice  of  the  county  c  lerk 

within  the  time  above  specified,  the  board  of  election  commissioners 

shall  forthwith  dispatch  a  special  messenger  to  such  precinct,  with 

the  ballots  and  stamps  for  such  precinct,  wrapped,  tied  and  sealed  as 

aforesaid,  who  shall  deliver  the  same  to  one  of  the  election  inspectors 

or  some  responsible  elector  of  said  precinct,  to  be  designated  by  the 

board  of  election  commissioners,  who  may  receipt  therefor,  and  whose 

duty  it  shall  be  to  deliver  the  same  to  the   inspectors  at  the  polling 

place  before  seven   o'clock  in  the  forenoon  of  the  day  of  election. 

Such  messenger  shall  promptly  report  to  such  clerk  and  rile  with  him 
To  file  receipt 
'"'  ''a,,ots-  the  receipt  of  the   person  to  whom   he  delivered    such  ballots   and 

stamps,  and  his  affidavit  stating  where,  when  and  to  whom  he  de- 
livered the  same. 

(§  796.)    Sec.  21.     In  all  townships,  and  all  voting  precincts  in 

Railing  or 

knee  to  be         cities,  the  township  board  of  each  township,  and  the  various  officers 

erected  in 

voting  room.etc  whose  duty  jt  may  be  to  designate  and  prescribe  the  place  or  places 
of  holding  general  elections  in  the  several  cities,  wards,  election  dis- 


LAWS    RELATING    TO    THE    CITY   OF    DETROIT.  |>> 


ELECTION  LAWS.  ClTAPTER  31 


tricts  and  voting  precincts  throughout  the  state,  shall  provide  for,  and 
cause  to  be  erected  in  the  room  where  elections  are  to  be  held,  a  rail- 
ing or  fence  four  feet  in  height,  which  railing  or  fence  shall  be  placed 
through  and  across  the  room,  and  shall  cause  gates  to  be  erected  in 
said  railing.     The  entrance   gate  shall  be  in  charge  of  a  gatekeeper  Entrance  to  be 

in  charge  of 

appointed  at  the  opening  of  the  polls  by  the  board  of  election  in-  gatekeeper,  etc. 
specters,  and  duly  sworn  to  allow  no  person  to  pass  through  said  gate 
and  enter  said  railing  except  as  otherwise  provided  in  this  act,  except 
to  vote  or  to  assist  some  elector  in  the  preparation  of  his  ballot,  as 
provided  in  this  act,  and  no  person  shall  be  allowed  to  be  inside  of  j^^inYngl 
said  railiug,  except  to  vote  or  to  assist  an  elector  in  the  preparation 
of  his  ballot,  as  hereinafter  provided,  and  as  soon  as  the  elector  has 
voted  he  shall  retire  without,  and  shall  not  again  be  admitted  within 
the  railing,  and  only  as  many  electors  as  there  are  booths  shall  be  al- 
lowed within  the  railing  at  one  and  the  same  time,  and  the  electors- 
shall   be   admitted   in   the   order   in   which   they   shall   apply.     The 

Booths  to  be 
entrauce  gate  shall  be  placed  at  one  side  of  the  room,  and  on  the  in-  erected. 

side  of  said  gate  a  booth  or  temporary  room  shall  be  erected.  At 
least  one  such  booth  shall  be  provided  at  each  polling  place,  and  not 
less  than  one  for  each  hundred  persons  entitled  to  vote  thereat,  as  shown 
by  the  last  preceding  registration  of  electors,  and  built  with  walls 
not  less  than  six  feet  high,  and  in  such  (a)  manner  that  the  person 
preparing  the  ballot  shall  be  concealed  from  all  other  persons.     Said 

1        ' &  Exit  gate 

railing  shall  also  contain  an  exit  gate,  which  shall  be  under  the  care  aml  keePer- 
of  an  officer  appointed  by  the  board  and  duly  sworn  as  above. 

(8  797.1     Sec.  22.     A.t  the  opening  of  the  polls,  after  the  organi- 

3  '  Ballots  to  be 

zation  of,  and  in  the  presence  of  the  board  of  inspectors,  one  of  the  °Pened>  ctc- 

inspectors  shall  open  the  packages  of  ballots  in  such  a  manner  as  to 

preserve  the  seal  intact,    lie  shall  then  deliver  to  one  of  the  inspectors,  inspector  to 

i  eceive  ami 

to  be  designated  by  the  board,  fifty  of  the  ballots,  and  shall  place  the  mark  ballots»et< 
stamps  for  marking  the  ballots  in  the  booths,  two  in  each,    The  in- 


13P 

Ch  \r 


LAWS    REI.ATINC.    TO    THE    CITY    OF  DETROIT. 


Ill'     I  ii  IN    LAWS 


Ballots  to  be 
delivered  to 
- .  etc. 


Challengers. 


spector  SO  designated  shall  at  once  proceed  to  write  his  initials  in  ink 
on  the  upper  left  hand  corner  of  the  back  of  each  of  said  ballots  in  his 
ordinary  haud-writing  and  without  any  distinguishing  mark  of  any 
kind.  As  eaeh  successive  elector  calls  for  :i  ballot  another  one  of  the 
inspectors  shall  deliver  to  him  the  first  signed  of  the  fifty  ballots,  and 
as  the  Bupply  of  ballots  in  the  hands  of  the  inspectors  shall  decrease, 
additional  ballots  shall  be  signed  by  the  same  inspector,  so  that  at 
least  twenty- live  ballots  so  signed  shall  be  at  all  times  in  the  hands 
of  the  inspector  delivering  the  ballot  to  the  elector. 

(§  698.)  Sec.  23.  At  every  election  each  of  the  political  parties 
shall  have  the  right  to  designate  and  keep,  not  exceeding  two  chal- 
lengers at  each  place  of  voting,  who  shall  be  assigned  such  positions, 
immediately  adjoining  the  inspectors  inside  the  polling  place,  as  will 
enable  them  to  see  each  person  as  he  offers  to  vote,  and  a  seat  and 
table,  or  desk,  on  which  he  may  write  within  the  railing  shall  be  fur- 
nished for  the  accommodation  of  one  of  such  challengers  of  each 
political  party,  and  he  shall  have  the  right  to  inspect  the  poll  lists  as 
kept  by  the  clerks,  and  who  shall  be  protected  in  the  discharge  of 
their  duty  by  the  inspectors  and  the  police.  Authority  signed  by  the 
recognized  chairman  or  presiding  officer  of  the  chief  managing  com- 
mittee of  a  party  in  such  county  or  township, city,  ward  or  voting  pre- 
ciuct,shall  be  sufficient  evidence  of  the  right  of  such  challengers  to  be 
present  inside  the  room  where  the  ballot  box  is  kept.  The  chairman 
appointing  any  challenger  may,  at  his  discretion,  remove  him  and  ap- 
May  remain       point  another.     Any  challenger  shall  have  the  right  and  privilege  of 

during  canvass. 

remaining  during  the  canvass  of  the  votes  and  until  the  returns  are 
duly  signed  aud  made.     (As  amended  by  act  approved  June  1,  1893 ) 

(§  799.)  Sec.  24.  If  any  person  offering  to  vote  shall  be  chal- 
lenged as  unqualified  by  any  inspector,  challenger  or  elector  entitled 
to  vote  at  that  poll,  the  chairman  of  the  board  of  inspectors  shall  de- 
clare to  the  person  challenged  the  constitutional  qualifications  of  an 


Evidence. 


Challenge 

of  voter. 


EAWS   RELATING   TO   THE   CITY    OK    DETROIT.  431 

1  iu.v  laws.  Chapter  31 


elector;  and  if  such  person  shall  state    that  he   is   a   qualified  elector, 
and  the  challenge  is  not  withdrawn,  one  of  the  inspectors  shall  tender  be  tendered.*0 
to  him  such  one  of  the  following  oaths  as  he  may  claim  to  contain  the 
grounds  of  his  qualifications  to  vote: 

1.     "You  do  solemnly  swear   (or  affirm)   that  you  are  twenty-one  Form  of  0ath 
years  of  age,  that  you  are  a  citizen  of  the  United  States,  that  you  have 
resided  in  this  state  three  months  next  preceding  this  day,  and  in  this 
township   ward,  or  voting  precinct,  as  the  case  may  be,  ten  days  next 
preceding  this  day,  and  that  you  have  not  voted  at  this  election,"'  or 

•J.  "You  do  solemnly  swear  (or  affirm)  that  you  are  twenty-one  ldeni- 
years  of  age,  that  you  resided  in  this  state  on  the  twenty-fourth  day 
of  June,  eighteen  hundred  and  thirty-rive,  and  that  you  have  redded 
in  this  state  three  months  next  preceding  this  day,  and  in  this  town- 
ship, ward  or  voting  precinct,  as  the  case  may  be,  ten  days  next  pre- 
ceding this  day,  and  that  you  have  not  voted  at  this  election;"  or, 

8.  "You  do  solemnly  swear  (or  affirm)  that  you  are  twenty-one  Idem 
years  of  age,  and  that  you  resided  in  this  state  on  the  first  day  of  Jan- 
uary, eighteen  hundred  and  fifty,  that  you  have  declared  your  inten- 
tion to  become  a  citizen  of  the  United  States,  pursuant  to  the  laws 
thereof,  six  months  preceding  this  election,  that  you  have  resided  in 
this  state  three  months  next  preceding  this  day,  and  in  this  township, 
ward  or  voting  precinct,  as  the  case  may  be,  ten  days  next  preceding 
this  day,  and  that  you  have  not  voted  at  this  election;"  or. 

4.     "You  do  solemnly  swear  (or  affirm)  that  you  are  twenty-one., 
years  of  age,  that  you  have  resided  in  this   state  two  years  and  six 
months,  that  you  have  declared  your  intention  to   become  a  citizen  of 
the  United  States,  pursuant  to  the  laws  thereof,  six  months  preceding 
this  election,  that  you  have  resided  three  months  next    preceding  this 


43-  LAWS    RELATING    in   THE   CITY   OF    DETROIT. 

Chapter  8]  election  1  awn. 

day,  and  in  this  township,  ward  or  voting  precinct,  as  the  case  may 
be,  ten  days  next  preceding  this  day,  and  that  you  have  not  voted  at 
tins  election." 

•">.     -'Von  do  solemnly  swear  (or  affirm)  that  you  are  twenty  our 

Idem,  J  \  /  J  J 

years  of  age,  and  that  you  are  a  native  of  the  United  States,  that  you 
are  a  civilized  inhabitant  of  the  Indian  descent,  and  not  a  member  of 
any  tribe,  that  you  have  resided  in  this  state  three  months  next,  pre- 
ceding this  day,  and  in  this  township,  ward,  or  voting  precinct,  as  the 
case  may  be,  ten  days  next  preceding  this  day,  and  that  you  have  not 
voted  at  this  election." 

If  the  person  so  challenged  shall  take  such  oath,  his  vote  shall  be 

False  swearing  received ;  but  if  he  shall  swear   falsely,   upon  conviction   thereof,    he 
perjury. 

shall  be  liable  to  the  pains  and  penalties  of  perjury. 

{i  800.)     Sec.  25.     It  shall  be  the  duty  of  each  inspector  to  chal- 
lenge every  person  offering  a  ballot  whom  he  shall  know  or  suspect  to 

Dutv  of 

nspectors  to       be  disqualified  as  an  elector;  and  the  board  of  inspectors  shall  possess 

challenge,  etc.  * 

full  authority  to  maintain  regularity  and  order,  and  to  enforce  obedi- 
ence to  their  lawful  commands  during  an  election,  and  during  the 
canvass  of  the  votes  after  the  poll  is  closed. 

(§  801.)     Sec.  26.    When  an  elector  shall  not  be  challenged   or 
shall  have  taken  the  necessary   oath  or  affirmation,   he  shall  be  per- 

yotYn^er0f  mitted  to  vote.  On  entering  the  room,  the  inspector  holding  the 
ballots  shall  deliver  to  him  one  of  them,  and  on  request  shall  give  ex- 
planation of  manner  of  voting;  if  deemed  necessary  by  the  board  aii 
interpreter  may  be  called.  The  elector  shall  then,  and  without  leav- 
ing the  room,  go  alone  into  a  booth  which  is  unoccupied  and  indicate 
the  candidates  for  whom  he  desires  to  vote,  as  follows  :    If  the  party 

Straight  ticket  desires  to  vote  a  straight  ticket  he  must  stamp  a  cross  (X)in  the  circle 
under  the  name  of  his  party  at  the  head  of  the  ballot.  Nothing  fur- 
ther need  be  done.     Where  only  one  candidate  is  to  be  elected  to  an 

One  candidate 

office,  and  the  elector  desires  to  vote  for  a  candidate  not  on  his  party 
ticket,  he  should   make  a  cross   in  the  circle  under  the  name  of  his 


LAWS    RELATING   TO   THK    CITY    OF   DETROIT.  433 


election  i.wv-.  Chaiti.k   :',] 


party,  and  also  make  a  cross  in  the  square  before  the  name  of  the  can- 
didate for  whom  he  desires  to  vote  on  the  other  ticket.  In  such  case 
it  shall  not  be  necessary  to  strike  off  the  name  of  the  candidate  on  the 
party  ticket.     Where  two  or  more  candidates  are  to  be  elected  to  the  Two  candidates 

for  office. 

same  office,  like  circuit  court  commissioners,  electors,  etc.,  and  the 
voter  desires  to  vote  for  candidates  on  different  tickets  for  such  office, 
he  must  mark  a  cross  in  the  circle  under  his  party  name  and  mark  a 
cross  in  the  square  before  the  name  or  names  of  the  candi- 
date for  whom  he  desires  to  vote  on  the  other  ticket  or  tickets, 
and  also  erase  an  equal  number  of  names  of  the  candidates  for  such 
office  on  his  party  ticket.     If  the  elector  wishes  to  vote  for  a  candidate 

,  „  ,  -,.  i    .     Candidate  not 

not  on  any  ticket  he  must  write  or  paste  the   name  of  such  candidate  on  ticketi 

on  his  ticket  opposite  the  name  of  the  office  and  make  a  cross  in  the 

circle  under  the  party  names.     A  ticket  marked  with  a  cross  in   the  Mark  in  drcie 

.,,  ,        _  n  r  .        „  .,  a  vote  for  full 

circle  under  a  party  name  will  be  deemed  a  vote  for  each  of  the  can-  ticket. 
didates  named  in  such  party  column  whose  name  is  not  erased,  except 

Exceptions. 

those  candidates  where  a  cross  is  placed  in  the  square  before  the  name 
of  some  opposing  candidate  on  the  opposing  ticket,  orwhere  a  name  is 
written  or  pasted  on  the  party  ticket  of  some  candidate  whose  name  is 
not  printed  as  a  candidate  on  any  party  ticket.     In  case  there  is  only  Method  of 

vo'intr  for 

one  candidate  to  be  elected  to  any  office,  the  cross  in  the  square  before  candidates  on 

opposing- 

the  name  of  the  candidate  on  the  opposing  ticket  shall  be  deemed  one  tkket. 

vote  for  such  candidate.     Where  there  are  two  or  more  candidates  to 

elect  to  the  same  or  like  office,  a  cross  before  the  names  of  the  oppos- 

ingcandidate  or  candidates  shall  be  deemed  one  vote  for  such  candidate 

or  candidates;  Provided,  An  equal  numberof  names  for  the  same  office 

are  erased  from  the  party  ticket.  If  the  name  of  any  person  who  is  not  a  Votes  for  can- 
didates not  on 
candidate  on  any  ticket  is  written  or  placed  on  the  party  ticket  oppo-  ballot. 

site  the  name  of  the  office,  and  there  is  a  cross  in  the  circle  under 

the  party  name,  the  name  so   written   shall  be  counted  one  vote  for 

the    person    so   mentioned,    whether   the   original   name   en   the   party 


4.U  LAWS    RELATING    TO    TllK   CITY   OK    DKTROlT. 


Chapter  ."■!  election ]  iws, 


tickel  is  erased  or  not,  excepting  cases  where  there  is  a  cross  in  th* 
square  before  the  name  of  some  opposing  candidate  on  .some 
other  party  ticket.  If  no  cress  is  placed  in  tlie  circle  under  the 
party  name,  a  cross  in  the  square  before  the  name  of  any  candidate 
shall  be  deemed  a  vote  for  such  candidate,  except  in  eases  where  the 
elector  votes  for  more  candidates  for  the  same  office  than  are  to  be 
elected.  Such  elector  may  also  indicate  his  preference  on  any  constitu- 
tional amendment  or  other  question  by  stamping-  a  cross(X)  in  the  square 
in  front  of  the  words  "Yes  "  or  "No,"  opposite  such  question.  Before 
„ leaving  the   booth  the   elector   shall   fold  his  ballot  so  that  no  part 

Folding  ballot  °  ' 

toinspector1."8  °*  tne  t:ice  thereof  shall  be  exposed  and  so  that  the  initials  of  the 
inspector  shall  be  on  the  outside  thereof,  and  on  leaving  the  booth 
shall  at  once  deliver,  in  public  view,  such  ballot  to  the  inspector 
designated  to  receive  the  same,  who  shall  thereupon  announce  audibly 
the  name  of  the  elector  offering  the  same.  Before  the  ballot  is  de- 
Entering  name   posited  in  the  box  the  poll  clerks  shall  enter  the  name  of  such  elector 

of  elector. 

on  their  respective  poll  lists  and  number  the  same  consecutively.  The 
inspectors  shall  then,  in  the  presence  of  the  elector  and  the  board  of  in- 
spectors, deposit  the  same  in  the  bollotbox  without  opening  the  same: 

Proviso  Provided,  however,  If  any  elector  shall  show  his  ballot,  or  any  part 

thereof,  to  any  person  other  than  one  lawfully  assisting  him  in  the 
preparation  thereof,  after  the  same  shall  have  been  marked,  so  as  to 
disclose  any  part  of  the  face  thereof,  such  ballot  shall  not  be  received 
or  deposited  in  the  ballot  box.     Incase  such   elector  shall  so  expose 

Cannot  vote       his  ballot,  his  name  shall  be  entered  on  the  poll  lists  with  a  minute  of 

again  if  ballot 

is.  exposed.  such  occurrence,  and  such  elector  shall  not  be  allowed  to  vote  there- 
after at  said  election.  The  elector  shall  then  leave  the  room,  but  no 
elector  to  whom  the  ballot  has  been  delivered  shall  be  permitted  to 
leave  the  room  without  voting  the  ballot  or  returning  it  to  the  in- 
spector from  which  he  received  it.     Any  elector  who  shall  attempt  to 

Arrest.  leave  the  room  with  a  ballot  or  stamp   in  his  possession  shall  be  at 

once  arrested  on  demand  of  any  member  of  the   board   of  inspectors 


LAWS   RELATING   TO   THE    CITY   OF   DETROIT.  435 

ELECTION    LAWS.  CHAPTER   31 


if  he  shall  refuse  to  deliver  the  same  on  request.  (As  amended  by 
act  approved  June  1,  1893.) 

(§  802.)     Sec.  27.     At  each  adjournment  of  the  poll  the  clerks  clerks  to  com- 
pare poll  lists, 
shall,  in  the  presence  of  the  inspectors,  compare  their  respective   poll  etc. 

lists,  compute  and  set  down  the  number  of  votes,  and  in  case  the  same 
do  not  agree,  shall,  under  the  direction  of  the  board,  correct  all  mis- 
takes that  may  be  discovered,  until  such  poll  lists  shall  be  made  in  all 
respects  to  correspond. 

(§  803.)     Sec.  28.     The  ballot  box  shall  then  be  opened  and  the  Care  of  ballot 

box,  key,  etc. 
poll  list  placed  therein,  the  box  locked,  and  at  least  five  minutes  be- 
fore the  removal  of  the  same  a  piece  of  leather  (or  canvass)  so  placed 
as  to  extend  from  the  opening  in  the  lid  of  said  ballot  box  to  the  key- 
hole, in  such  a  manner  as  to  completely  cover  both  such  holes,  shall 
be  placed  thereon,  and  the  same  securely  fastened  thereon  with  seal- 
ing wax,  stamped  with  the  official  election  seal  of  such  township  or 
ward,  such  piece  of  leather  (or  canvass)  and  the  sealing  wax  to  be  so 
arranged  as  to  render  it  impossible  to  open  either  of  said  holes  with- 
out breaking  said  seal.  The  key  shall  then  be  delivered  to  one  of 
the  inspectors,  the  box  to  another,  and  the  seal  to  another.  Such  box 
shall  not  be  opened  nor  the  seal  broken  until  the  box  has  been  pub- 
licly exposed  at  least  five  minutes  before  the  reopening  of  the  poll. 

(S  804.)     Sec.  29.     The  inspector  having  the  key  shall  keep  it  in 

v"  '  *  J    ■  Return  and 

his  possession,  and  deliver  it  again  to  the  board  at  the  next  opening  of  bo^ete. 
the  poll,  and  the  inspector  having  the  box  shall  carefully  keep  it  with- 
out opening,  or  suffering  it  to  be  opened,  or  the  seal  thereof  to  be 
broken  or  removed,  and  shall  publicly  deliver  it  in  that  state  to  the 
board  of  inspectors  at  the  next  opening  of  the  poll,  when  the  seal 
shall  be  broken  and  the  box  opened,  the  poll  list  taken  out,  and  the 
box  again  locked. 


436 


l.WYS    RKI.AT1NG   TO   THE   CITY   OK    DETROIT. 


Oi  \im  I  B    81 


I-  I  I  c  ■  I  l<>\     l    \\\  s. 


Disti  ibution 
.,  etc. 


(§  805.)  Sec.  80.  No  ballot  shall  be  distributed  by  any  person 
other  than  one  of  the  inspectors  of  election,  nor  in  any  place  except 
within  the  railing  of  the  voting  room,  to  electors  about  to  vote,  and 
no  ballot  which  has  not  the  initials  of  a  member  of  the  board  of  elec- 
tion, written  by  such  member  on  the  back  thereof,  shall  be  placed  in 
the  ballot  box. 


Printed  in- 
structions to 
voters  to  he 
furnished,  etc. 


Instructions 
in  foreign 
language. 


(g  806.)  Sec.  31.  Uniform  printed  instructions  to  voters,  printed 
in  large  type  upon  cards,  shall  be  furnished  by  the  secretary  of  state  to 
the  county  clerk  of  each  county,  containing  any  information  that  will 
enable  voters  to  quickly  make  and  correctly  designate  their  choice,  and 
the  county  clerks  shall  furnish  such  cards  to  the  city  and  township 
clerks  in  the  county.  Such  clerks  shall  furnish  such  cards  to  each 
polling  place,  one  of  which  shall  be  hung  in  each  compartment,  two 
in  the  polling  room  and  three  on  the  outside  of  the  building  in  which 
the  voting  takes  place.  Whenever  the  clerk  of  any  county  notifies 
the  secretary  of  state  that  the  printed  instructions  are  also  needed  in 
a  foreign  language,  and  such  language  is  stated,  then  it  shall  be  the 
duty  of  the  secretary  of  state  to  furnish  such  printed  instructions  in 
such  foreign  language.  In  case  of  necessity  the  chairman  may  em- 
ploy an  interpreter. 


Voting  by 
incapable 
persons. 


Unlawful  to 
influence  voter. 


(§  SOT.)  Sec.  32.  When  an  elector  shall  make  oath  that  he  can- 
not read  English,  or  that  because  of  physical  disability  he  cannot 
mark  his  billot,  or  when  sueh  disability  shall  be  made  manifest  to 
said  inspectors,  his  ballot  shall  be  marked  for  him  in  the  presence  of 
the  challenger  of  each  political  party  having  a  challenger  at  such 
voting  place,  by  an  inspector  designated  by  the  board  for  that  pur- 
pose, which  marking  shall  be  done  in  one  of  the  booths. 

(§  808.)  Sec.  33.  It  shall  be  unlawful  for  the  board,  or  any  of 
them,  or  any  person  in  the  polling  room  or  any  compartment  there- 


LAWS   RELATING   TO   THE   CITY    OF    DETROIT.  437 

ELECTION    LAWS.  CHAI'TEK    31 


with  connected,  to  persuade  or  endeavor  to  persuade  any  person  to 
vote  for  or  against  any  particular  candidate  or  party  ticket. 

(§  809.)     Sec.  34.     If  the  elector  votes  for  more  than  one  caudi-  voting-  for 

more  than 

date  for  the  same  office,  said  ballot  shall  not  be  counted  for  those  per-  one  person,  etc. 
sons,  but  shall  be  as   to   them   null   and  void.     If  any  elector  inad- Spoiled  ballot  ■ 
vertently  spoils  a  ballot  he  may  obtain  another  from  the  board  by  re- 
turning such  spoiled  one. 

(§  810.)     Sec.  35.     The  board  of  inspectors  of  election  shall  pre-  Board  to  pre- 
serve unused 
serve  the  unused  ballots,  together  with  the  ballots   which  have  been  ballots,  etc. 

spoiled,  and  return  the  same  to  the   city   or   township  clerk,  with  a 

statement  of  the  number  of  ballots  used,  and  there  shall  be  given  by 

the  clerk  to  the  inspectors  of  election  a  receipt  therefor,  which   shal 

be  filed  with  the  chairman  of  the  board. 

(8  811.)     Sec.  36.     Immediately   on  closing  the   polls  the  bo&rd  Canvass  of 

°  '  J  ox  votes,  how 

shall  proceed  to  canvass  the  votes.  Such  canvass  shall  be  public,  and  co 
shall  commence  by  a  comparison  of  the  poll  lists  and  a  correction  of 
any  mistakes  that  may  be  found  therein  until  they  shall  be  found  or 
made  to  agree.  The  box  shall  then  be  opened  and  the  whole  number 
of  ballots  counted.  If  the  ballots  shall  be  in  excess  of  the  number 
of  the  electors  voting,  according  to  the  poll  lists,  they  shall  be  re- 
placed in  the  box,  and  one  of  the  inspectors  shall  publicly  draw  out 
and  destroy  so  many  ballots  therefrom  unopened  as  shall  be  equal  to 
such  excess.  They  shall  first  select  and  count  the  straight  tickets 
and  give  the  number  of  each  candidate  voted  for  on  the  straight  votes,  etc. 
ticket.  All  other  tickets  shall  be  laid  on  the  table  and  counted  in 
regular  order,  in  such  subdivisions  thereof  as  may  be  convenient  for 
a  prompt  and  careful  determination  of  the  result  of  such  election 
In  the  canvass  of  the  votes,  any  ballot  which  is  not  indorsed  with  the 

initials  of  the  inspector,  as  provided  in  this  act,  and  any   ballot  which  what  ballots 

...  i.     .  .   ,  .  ,  .  i  i     ,i    ,  .i  i  void,  etc. 

shall  bear  any  distinguishing  mark  or  mutilation  shall  be  void,  and 


■\. vs  l.AWS   Ki:i.ATiNC,    TO    THE   CITY   OV   DETROIT. 

CH  MM  1    K     111  111(1  ION     I    WVS. 


shall  not  be  counted;  and  any  bailor,  or  part  of  a  ballot,   from    which 

it  is  impossible  to  determine  the  elector's  choice  of  candidates  shall 

be  void  as  to  the  candidate  or  candidates  thereby  effected  :  Provided, 

however.    That  all  such  ballots  shall  be  preserved,  marked  by  the  in- 
Proviso.  J 

pectors  (not  counted)  and  kept  separate  from  the  others  by  being 
tied  or  held  in  one  package  by  a  rubber  baud  or  otherwise. 

_..       ...  (3  812.)    Sec.  37.     After  the  ballots  are   counted  they  shall,  to- 

Disposition  of  \r,  i  j  i 

'  gether  with  one  tally  sheet,  be  placed  in  the  ballot  box,  which  shall 
be  securely  sealed  in  such  a  manner  that  it  cannot  be  opened  without 
breaking  such  seal.  The  ballot  box  shall  then  be  placed  in  charge  of 
the  township  or  city  clerk,  but  the  keys  of  said  ballot  box  shall  be 
he!d  by  the  chairman  of  the  board,  and  the  election  seal  in  the  hands 
of  the  other  inspectors  of  election. 

_  (8  813.)     Sec.  38.     After  the  count  of  the  tickets  or  ballots  has 

Result  to  be  vo 

declared,  etc.      been  completed  the  result  shall  be  immediately  publicly  declared,  and 
the  number  of   votes   received   by   each  candidate   or  person  on  the 
ticket  shall  be  publicly  declared  by  one  of  the  inspectors.     The  in- 
stalment of       spectors  shall  then  prepare  a  statement  of   the  result  in   duplicate, 

result. 

showing  the  whole  number  of  votes  for  each  office,  the  names  of  the 
persons  for  which  such  votes  were  given,  and  the  number  each  per- 
son received.  Such  statement,  when  certified  by  the  inspectors  and 
duly  signed,  shall  be  delivered,  one  copy  to  the  township  clerk,  to  be 
filed  by  him  in  his  office,  and  the  other  to  the  inspector  appointed  by 
the  board  to  attend  the  county  canvass. 

(§  814.)     Sec.  39.     The  gatekeepers  of  elections  shall  be  peace 

Powers  and 

keepers* etcte  omcers  at  polling  places,  and  are  hereby  delegated  power  equal  to 
constables  for  the  purpose  of  maintaining  peace  and  quiet  at  the  polls 
on  election  day.  They  shall  have  charge  of  and  keep  the  gates  at 
polling  places,  and  shall  not  allow  any  person  to  approach  within  the 
railing  provided  for  in  section  sixteen,  except  those   authorized   by 


LAWS   RELATING   TO   THE   CITY   OF   DETROIT.  439 

ELECTION'    LAWS.  ChAPTBR    31 


law  and  qualified  electors,  whom  they  shall  allow  to  pass  through  the 
gates  and  approach  the  ballot  box  or  boxes  for  the  purpose  of  voting; 
and  they  shall  admit  one  elector  at  a  time  only  to  vote,  and  shall 
cause  said  elector  to  retire  without  the  gate  and  railing  as  soon  as  he 
has  voted;  and  no  person  shall  in  any  manner  interfere  with  a  gate-  Pena|ty  for 

interference 

keeper  of  election  in  the  discharge  of  ris  duty,  and  it  shall  be  un- with,  etc. 

lawful  for  the  gatekeepers  to  aid,  assist,  suggest,  advise  or  entreat  an 

elector  to  prepare  his  ballot  in   a  particular  manner,  or  to  coerce  or 

attempt  to  coerce  an  elector  in   any  way  to  vote  or  to  refrain  from 

voting  for  any  particular  person  or  party.   No  person  shall  be  eligible  Eligibility  of 

to  fill  the  office  of  gatekeeper  of  election  on  any  election  day  when 

his  name  shall  be  on  any  ticket  at  said  election.     Gatekeepers  of 

(elections)  election  shall  be  at  the  polling  place  at  the  opening  of  the 

polls,  and  shall  remain  there  until  the  closing  of  the  polls,  and  shall 

receive  as  compensation  two  dollars  per  day  for  each  day's  work  Compensation. 

while  actually  engaged. 


(§  815.)    Sec.  40.     No  election  shall  be  held,  nor  shall  any  elec-  Elections  shall 

tion  be  appointed  to  be  held,  in  any  saloon  or  barroom,  or  in  any  saloons,eetc.in 

room  or  place  contiguous  with  or  adjacent  thereto.     Should  any  place 

1  &  When  in- 

be  designated  or  appointed  for  holding  an  election  in  violation  hereof,  s[^toers  ^u 
or  become  subject  to  such  objection  after  having  been  so  designated,  place' 
the  inspectors  of  election  shall  have  power,  and  it  shall  be  their  duty, 
on  or  before  the  day  of  such  election,  and  before  the  opening  of  the 
polls  on  such  day,  to  procure  a  suitable  place  as  near  thereto  as  may 
be,  not  subject  to  like  objection.     Said  inspectors  shall  meet  at  the 

Inspectors  to 

place  first  designated  at  the  time  for  opening  the  poll,  and  after  any  meet,  etc. 
vacancies  in  their  number  shall  have  been  filled,  adjourn  to  the  place 
chosen  by  them,  and   at  the  time  of  said  adjournment  give  public 
notice  to  the  electors  present,  by  proclamation,  of  such  change,  and  Notice  of^ 
post  in  a  conspicuous  manner  notice  of  tin-  place  where  such  election 
shall  be  held;  and  all  expense  attending  such  change  shall  be  certified 


440  LAWS    RELATING    TO    THE    CITV    OS'    DETROIT. 


CH  vimkk  81.  SI  I ■'   rION  I   VWS. 


by  said  inspe  tors  to  the  proper  authorities,  and  shall  be  allowed  and 
paid  accordingly. 

(8  sic.  i    Sec.    41.      Any    person  or  persons  introducing  in  any 

Liquors,  bring-  v?>  J     ' 

misdemeanor,     way,  upon  election  day,  into  the  building  where  au  election  is  being 

held,  any  spirituous  or  malt  liquors,  and  any  inspector  or  clerk  of 
election  drinking  any  such  liquors  in  such  place,  or  being  intoxicated 
therein  upon  election  day,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  before  any  court  of  competent  jurisdic- 
Penaltyfor  tiou,  shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars, 
or  by  imprisonment  not  exceeding  sixty  days,  or  by  both  tine  and  im- 
prisonment, in  the  discretion  of  the  court. 


Time  \  oter 
may  remain 


(§  si 7.)  Sec.  42.  The  board  of  election  may  make  such  regula- 
nBom!"1'"1  lations  as  they  deem  proper,  limiting  the  time  in  which  an  elector 
may  remain  in  the  room  or  booth  while  preparing  and  voting  his  bal- 
lot; such  limitation,  however,  shall  not  be  less  than  one  nor  more  than 
five  minutes. 

(S  818  )     Sec.  43.      It  shall   not  be  lawful  for  any  candidate  for 
Unlawful  for  vo 

candidate  to  elective  office  with   intent  to   promote  his  election,  or  for  any 

;iiu  his  election         •> 

manners"  other  person  with  intent  to  promote  the  election  of  any  such  can- 

didate either: 

First,  To  provide  or  furnish  entertainment  at  his  expense  to  any 
meeting  of  electors  previous  to  or  during  the  election  at  which  he 
(shall)  may  be  a  candidate;  or 

Second,  To  pay  for,  procure,  or  engage  to  pay  for  any  such  enter- 
tainment; or 

Third,  To  contribute  money  for  any  other  purpose  intended  to 
promote  an  election  of  any  particular  person  or  ticket,  except  for  the 
defraying  the  expenses  of  office  room  or  hall  rent,  postage,  stationery 
and  clerk  hire,  music  at  public  meetings,  the  pay  and  expense  of 


EAWS   RELATING   TO   THE   CITY   OF    DETROIT.  44] 

ELECTION  LAWS.  Cl-IAPTEK    '■',} 


public  speakers,  transportation  of  committeemen,  the  pay  of  chal- 
lengers at  the  polls  and  of  persons  to  inspect  the  registration  of  voters 
ami  of  persons  employed  to  make  lists  of  the  votes  in  election  pre- 
cincts, and  of  printing,  and  the  circulation  of  handbills  and  other 
papers  previous  to  any  such  election,  or  for  conveying  electors  to  the 
polls.     (Approved  June  1,  1893.) 

i§  819.)     Sec.  44.     It  shall  be  the   duty  of  every  candidate  for  ^     ... 

°  J  Candidate  and 

any  office  named  in  this  act,  and  of  the  chairman  of  every  state,  dis-  mak™statement 

of  expenses,  etc 

tnct  and  county  committee  of  euch  political  organization,  within 
twenty  days  after  each  election  held  pursuant  to  the  provisions  of 
this  act,  to  make  and  file  an  affidavit  stating  the  amount  of  money  ex- 
pended by  each  candidate  or  committee  in  and  about  the  canvass  of 
such  candidate  or  political  organization  in  connection  with  such  elec- 
tion, and  further  showing  that  no  expenditures  have  been  made  by 
such  candidate  or  political  organization,  or  by  any  person  in  his 
or  its  behalf,  to  the  knowledge  of  the  person  making  such  affidavit, 
for  any  purpose  prohibited  by  this    act.     Such  affidavit,  when  made 

Statement  to 

by  the  chairman  of  the  state  committee  or  a  candidate  for  any  state  be  nlec,>  e(c- 
office,  shall  be  filed  in  the  office  of  the  Secretary  of  State;  when  made 
by  the  chairman  of  any  district  committee  or  a  candidate  for  the 
office  of  presidential  elector,  member  of  CoDgress,  state  senator,  or 
representative,  in  the  office  of  the  clerk  of  the  county  to  which  elec- 
tion returns  for  said  district  are  made,  and  when  made  by  the  chair- 
man of  any  county  committee  or  candidate  for  a  county  office,  in  the 

Office  of  the  clerk  of  such  county.     Willful  false  swearing  in  this  or  False  swear- 
ing to  be  per 
in  any  other  matter  herein  required  to  be  under  the  oath  of  any  per- jury. 

son  shall  lie  deemed  perjury,  and  punishable  accordingly, 

(§  820.)     Sec.  45.     Any  person   who  shall  knowingly  violate  any 
of  the  provisions  of  this  act,  or  shall  willfully  neglect  or  refuse  to  per- ^tobefe^ony. 
form  any  duty  enjoined  upon  him   hereby,  or  shall  disclose  to  any 
other  person  the  Dame  of  any  candidate  voted  for  by  any  elector,  the 


H- 


Chap 


Penaltj 
therefor. 


Repealing 
clause. 


l.wvs    RELATING    TO    THE    CITV   OF    DETROIT. 

.'N     I    LWS. 

contents  of  whose  ballot  shall  have  been  by  such  person,  or  shall  in 
any  manner  obstruct  or  attempt  to  obstruct  any  elector  in  his  exercise 
of  his  duties  as  such  elector  under  this  act,  shall  be  deemed  guilty  of 
a  felony,  and  on  conviction  thereoi'  shall  be  punished  by  a  tine  not 
exceeding  one  thousand  dollars,  or  imprisonment  in  the  state  prison 
no1  exceeding  two  years,  or  by  both  fine  and  imprisonment. 

:.i  Sec.  46.  All  acts  or  parts  of  acts  contravening  the  pro- 
visions of  this  act  are  hereby  repealed.  (This  Act  is  ordered  to  take 
immediate  effect.     Approved  July  3,  1891.) 


Ci  822  )     Sec.  47.     At  the  general  election  to  be  held  in  this  state 
Opening  and  V5  "' 

closing  of  polls.  Qn  the  flrgt  Monday  of  April,  eighteen  hundred  and  ninety-three,  or  in 

any  second  year  thereafter,  the  polls  of  such  election  in  townships 
and  cit'es,  shall,  for  all  purposes,  open  and  close  at  the  times  herein 
prescribed  for  the  opening  and  closing  of  polls,  anything  in  act  num- 
ber one  hundred  and  ninety-four  of  the  public  acts  of  eighteen  hun- 
dred and  and  ninety-one,  or  in  any  other  statute,  local  or  general,  to 
Proviso.  the  contrary  notwithstanding:     Provided,  That  this  seetion  shall  not 

be  construed  as  forbidding  a  noon  adjournment  in  townships.      (This 
Act  is  ordered  to  take  immediate  effect.      Approved  March  16,  1893.) 


APPEND! 


NOTE  r.  §  19.  The  chairman  of  the  board  of  inspectors  and  of  registration 
must  be  appointed  by  the  common  council,  but  if  the  council  fails  to 
act,  the  vacancy  can  be  filled  by  the  electors  at  the  opening  of  the  polls. 
(Dingwall  vs.  Common  Council,  82  Mich.,  568.) 

Note  2.  §  24.  By  an  amendment  to  the  "act  relative  to  free  schools  in  the  city 
of  Detroit,"  and  adding  two  new  sections,  approved  June  2,  1891,  (see 
S  500  of  this  compilation Ut  was  enacted  that  the  qualifications  of  elec- 
tors in  the  school  district  comprising  the  city  of  Detroit,  shall  be  the 
same  as  those  prescribed  by  the  laws  of  this  state  and  the  United  States, 
for  voters  at  large  at  general  city  elections,  provided  that  when  special 
measures  or  questions  shall  be  submitted  to  the  electors  as  provided  by 
the  preceding  section  (\  499),  women  may  be  qualified  to  vote. 

Note  3.  2  62.  By  section  8234  a,  3  How.  Stats.,  all  sureties  on  official  bonds 
must  justify  under  oath  as  to  their  pecuniary  responsibility. 

Note  4.  'i  98.  A  majority  of  aldermen  present  held  sufficient  to  elect  a  presi- 
dent. (Supreme  Court,  January,  1886.)  There  is  no  legal  sanction  for  the 
taking  of  "informal  ballots."  (School  district  No  8  vs.  Root,  61  Mich., 
373.)  A  quorum  of  the  council  consists  of  a  majority  of  the  aldermen 
authorized  to  be  elected.  (Guthard  vs.  Kronberg,  Supreme  Court,  Feb- 
ruary,  1891.) 

NOTE  5.  \  106.  The  provision  that  no  ordinance  shall  take  effect  before  one 
publication  thereof,  means  that  no  ordinance  can  be  enforced  and  viola- 
tion thereof  punished,  until  the  public  have  been  informed  of  its  enact- 
ment by  at  least  one  publication;  the  matter  of  publication  being  only 
essential  before  enforcement.  An  ordinance  may  by  its  terms  be  or- 
dered to  take  immediate  effect,  but. cannot  be  enforced  before  one  pub- 
lication thereof.     (People  vs.  Keir,  78  Mich.,  98.) 


I  i  ('  \i'i'i:\Di\     To    CITY   CHARTER. 


Note  6.  [21.  It  is  competent  for  the -common  council  to  change  from  one  of 
the  uses  mentioned  in  the  acl  of  congress  of  1N07  to  another  of  those 
uses,  one  of  the  triangular  pieces  of  ground  laid  out  by  the  Governor 
and  fudges.  (Riggs  vs.  Board  of  Education,  27  Mich.,  262,)  But  in  the 
case  of  the  Board  of  Education  vs.  Detroit,  30  Mich.,  505,  it  was  held 
th.it  tin-  common  council  could  not  open  a  street  through  such  a  trian- 
gular piece  of  ground,  as  that  would  be  devoting  it  to  a  purpose  entirely 
different  from  that  mentioned  in  the  act  of  1807. 

NOTE  7.  \  160.  See  act  authorizing  the  issuing  of  bonds  for  construction  of 
sewers.     (§  329a,  page   HiS,?. 

NOTE  8.     \   161.      The  consent  of  the  board  of  estimates  must  also  be  j^iven. 

NoTE  9.  \  249.  Questions  of  title  cannot  lie  tried  in  the  recorder's  court  in  a 
prosecution  for  obstructing  and  encumbering  a  public  alley-  (People 
vs.  Statt,  90,  Mich  ,  343.) 

NOTE  CO.  \  251.  The  acquittal  of  a  defendant  prosecuted  by  complaint  and  war- 
rant as  in  a  criminal  proceeding  for  the  violation  of  an  ordinance,  is  be- 
yond reach  by  any  process  of  review.  (Northville  vs.  Westfall,  75  M  ich., 
603.) 

NOTE  II.  ?  309.  See  as  to  powers  and  salary  of  board  of  public  works.  (City 
of  Detroit  vs.  Board  of  Public  Works,  23  Mich.,  546;  People  vs.  the  Com- 
mon Council,  29  Mich.,  108;  Chapoton  vs.  Detroit,  38  Mich.,  638.) 

NOTE  12.  \  312.  The  board  of  public  works  has  no  power  to  vacate  a  plat  af" 
ter  its  approval  and  adoption,  but  may  change  it  when  authorized  by  a 
three-fourths  vote  of  the  common  council.  It  has  no  power  to  direct 
where  a  land  owner  shall  establish  an  alley  when  platting  land.  (Cam- 
pau  vs.  Board  of  Public  Works,  86  Mich.,  372.)  The  board  cannot  pre- 
vent a  land  owner  from  platting  his  land  so  long  as  the  proposed  plat 
does  not  interfere  with  the  general  plan  of  the  streets,  and  mandamus 
will  lie  to  compel  approval  of  the  plat.  (Campau  vs.  Board  of  Public 
Works,  86  Mich.  ,372;  Van  Husan  vs.  Heames,  91  Mich.,  519.)  On  an  ap- 
plication for  mandamus  made  at  the  January  term,  1891,  by  the  same 
relator  as  in  the  cas«  last  cited,  the  court  refused  a  mandamus  to  compel 
approval  of  a  plat  which  laid  out  a  street  according  to  the  general  plan 
but  did  not  dedicate  it  as  a  highway. 

Note  13.  \  320.  This  provision  pronibits  the  council  from  ordering  any  pub- 
lic improvement  or  public  work,  or  committing  itself  to  the  making 
thereof,  and  for  incurring  the  expense  of  advertising  for  bids  thereon 
without  first  getting  an  estimate  from  the  board  of  public  works.  (But- 
ler vs.  Detroit,  43  Mich.,  552;  Mills  vs.  Detroit,  95  Mich.,  422.) 


APPENDIX    TO    CITY   CHARTER.  445 

NOTE  14.  \  432.  The  commissioners  of  parks  and  boulevards  may  hire  the 
necessary  employes  for  Belle  Isle  bridge  who  are  subject  to  the  supervi- 
sion and  control  of  the  commissioners,  but  the  common  council  must 
fix  their  compensation. 

NOTE  15.  \  437.  The  issuance  of  bonds  to  raise  money  to  pay  for  lands  pur- 
chased or  condemned  by  the  commissioners  of  parks  and  boulevards 
need  not  be  approved  by  the  board  of  estimates.  (Commissioners  of 
Parks  and  Boulevards  vs.  Rush,  city  controller,  84  Mich.,   154.) 

Note  16.  ?  443.  See  Commissioners  of  Parks  and  Boulevards  vs.  Moesta,  91 
Mich.,  149. 

Note  17.  §  446.  See  Commissioners  of  Parks  and  Boulevards  vs.  Michigan 
Central  Railroad  Co.,  90  Mich.,  385;  Commissioners  of  Parks  and  Boule- 
vards vs.  Chicago,  Detroit,  etc.,  Railroad  Co.,  91  Mich.,  291. 

Note  18.  $  449.  There  is  no  authority  under  this  section  to  award  either  wit- 
ness or  attorney  fees.  (Hester  vs.  Commissioners  of  Parks  and  Boule- 
vards. 84  Mich.,  450. 

NOTE  19.  §  505.  The  board  of  water  commissioners  may  accept  donations  for 
the  purpose  of  enabling  them  to  improve  and  beautify  the  land  in  their 
custody  about  their  works,  and  to  maintain  a  library  composed  of  works 
of  practical  utility  to  the  persons  engaged  in  looking  after  the  works, 
and  such  as  would  properly  be  found  in  any  such  concern  as  part  of 
their  apparatus.  Where  a  municipal  corporation  has  within  its  control 
for  present  and  future  use  a  tract  of  land  for  municipal  purposes,  it 
would  be  contrary  to  good  sense  to  hold  that,  so  far  as  it  can  reasonably 
be  done,  such  tract  should  not  be  put  and  kept  In  neat  and  attractive  or- 
der.    (Penny  vs.  Croul,  76  Mich.,  471.) 

Note  20.  §  532.  This  section  was  held  invalid  in  Jones  vs.  Water  Commission- 
ers of  Detroit,  34  Mich.,  273.  Water  rates  paid  by  consumers  are  in  no 
sense  taxes,  but  are  nothing  more  than  the  price  paid  for  water  as  a 
commodity,  just  as  similar  rates  are  paid  to  gas  companies.  No  one  can 
be  compelled  to  take  the  water  unless  he  chooses,  and  the  lien  therefor 
is  really  a  lien  for  an  indebtedness  like  that  enforced  against  ships  and 
vessels. 


INDEX 


ACCOUNTS.  Section. 

When  Controller  to  audit  and  allow 761 

Doubtful,  how  disposed  of 76 

Controller  to  open  with  Treasurer 77 

To  be  audited  by  Council ' 86 

When  to  be  sworn  to 86 

When  barred 86 

Illegal,  not.  to  be  allowed 197 

Must  be  accompanied  by  affidavit 199 

Books  of,  of  Fire  Commissioners,  subject  to  inspection 355 

Books  of,  of  Boulevard  Commissioners,  subject  to  inspection 435 

Books  of,  of  Police  Commissioners,  subject  to  inspection 564 

Books  of,  of  House  of  Correction,  subject  to  inspection 598 

ACKNOWLEDGEMENT.     (See  Deeds.) 

ACQUITTALS. 

Clerk  of  Recorder's  Court  to  report  number  of. 273 

ACTING  MAYOR. 

Who  to  be 71 


ACTIONS. 


When  to  be  conducted  by  City  Attorney 74,  300 

Against  city,  when  barred 86 

ADJOURNMENTS. 

Of  meetings  of  Common  »  ouncil 99 

'  H  drawings  of  jurors 264,  265 

AFFIDAVITS. 

When  to  accompany  accounts 86,  199 

Chairmen  of  committees  may  take 116 

Complaints  to  be  in  form  of 249' 

<  »l  publication,  in  street  opening  cases 731,  755. 


\1S1.KS.  Section 

In  public  halls,  etc.,  to  be  kepi  clear 714 

ALDERMEN.    (See  Board  of  Aldermen.) 

To  be  members  of  board  of  registration 11 

To  be  inspectois  of  election 19 

When  elected,  terms  of  office,  etc 'iti 

Ineligible  to  other  office,  when 45 

Punishment  of  for  accepting  bribes -IS 

How  expelled  from  Board  of 58 

May  administer  oaths s:> 

May  be  compelled  to  attend  council  meetings 97 

One  third  of  may  call  special  meeting 100 

Compensation  of lilt 

Shall  not  vote  when  interested  in  question IIP. 

Appointments  and  removals,  vote  on 114 

To  be  Supervisors 104 

Certain  contracts  with  to  be  void 201 

ALLEYS.     (See  Highways,  Streets,  Opening  of  Streets  and  Alleys.; 

Power  of  Council  to  open,  extend,  widen,  vacate,  etc 121,  720,  751 

Power  to  clean,  etc 122 

Power  to  establish  boundaries  of 127 

Limitation  of  expenditures  for  grading  and  paving,  etc 188 

Council  may  pass  ordinance  to  pave 221 

Power  of  Water  Commissioners  to  lay  water  pipes  through,  etc 512 

Removal  of  nuisances  in 548 

Damages  by  opening,  etc.,  of 729 

ALMSHOUSE. 

Council  may  establish 129 

AMENDMENTS. 

Of  complaints,  etc.,  In  the  Recorder's  Court 249 

Of  petitions  in  street  opening  cases 739,  700 

AMUSEMENTS. 

Power  to  prohibit  in  streets 122 

ANIMALS. 

Power  to  compel  fastening  of  in  streets 122 

Power  to  impound 125 

ANNEXATION  OF  NEW  TERRITORY. 

Officers  elected  in ^ 6 

Assessment  of  taxes,  etc 8 

Apportionment  of  school  moneys  in 10 


INDEX. 


APPEALS.  Section 

From  assessments  by  Board  of  Assessors 168,  169 

From  Recorder's  Court 251 

From  Police  Court 664 

From  decision  of  Building  Inspectors 719 

From  proceedings  to  open  streets,  etc 741 ,  762 

Return  of  clerk  on,  in  street  opening  cases 742,  763 

Hearing  in  Supreme  Court  on 743,  761 

APPOINTMENTS. 

On  nomination  of  Mayor 37* 

By  Council 38 

To  fill  vacancies 58 

Of  assistants,  etc 68 

To  be  by  majority  vote 114 

APPROPRIATIONS. 

Controller  to  report  when  exhausted 76 

Power  of  Council  to  make 184 

ARRESTS. 

When  electors  not  subject  to 35 

Police  to  make  report  of 560 

ASH  HOUSES. 

Power  to  regulate  construction  of 133 

ASSESSMENTS. 

On  land  detached  from  townships 8 

To  be  made  by  Board  of  Assessors '■■  ■  ■     80 

For  grading,  paving,  etc.,  of  streets,  etc 121 

To  be  a  lien 121 

For  abatement  of  nuisances 130 

To  fill  up  cellars,  etc 131 

For  constructing  sidewalks 115 

Illegal,  maybe  refunded 146,  149 

Power  of  Council  to  make 147 

New ,  when  to  be  made 148,  149 

Unjust,  may  be  refunded 151 

On  lands  lying  in  two  or  more  wards 1 65 

Description  of  lands  subject  to 165 

May  be  corrected 167,  168 

Notice  of  meeting  of  Board  of  Assessors  for  review 167 

Appeals  from,  to  Common  Council 168,  169 

Property  bid  in  on  special  assessments  may  be  held  in  trust 17!) 

For  lateral  sewers  and  cross-walks 181 

Ordinances  for,  how  passed 202 

District 216 

For  improvements,  how  made 21V 


im»i:\. 


ASSESSMENTS    CJontinued.  Section 

On  irregular  lots 217 

Of  land  ii.  >t  platted 218 

Council  may  correcl  and  confirm  assessment  rolls 210 

For  improving  alleys 221 

Persons  may  elecl  to  pay  entire  paving 226 

Penalty  for  i paj  oaenl  of  paving: 226 

i  '(  water  rates  518 

For  water  rates  to  be  a  lien 513 

Sale  of  property  for  delinquent  water  rates 514 

ASSESSMENT  ROLLS. 

For  paving,  side  and  cross-walks,  lateral  sewers,  and  all  other  special  assessments  to 

be  made  by  City  Engineer 79 

When  to  be  made 163 

Notice  of  review  of 167 

Appeals  from  to  be  considered  by  Common  Council 168,  169 

To  be  the  basis  of  all  taxes  until  another  assessment 169 

Proceedings  after  rolls  are  confirmed 170 

Receiver  to  give  notice  of  reception  of 170 

Prima  facie  evidence  of  regularity 180 

Proceedings  for  collection  of  special  assessments 1S1 

Paving,  to  be  divided  into  four  parts  2\IG 

ASSESSMENT  OF  BENEFITS. 

For  opening  ditches,  drains,  etc 1 2* 

For  sewers  aud  drains  through  private  property 150 

One  half  of  for  opening  streets  and  alleys,  etc.,  how  raised  and  paid 729 

How  made 737,  738,  758,  765 

Amount  collected  from,  to  be  paid  Treasurer T44,  706 

When  land  may  be  sold  to  pay 744,  765 

ASSESSORS,  BOARD  OF 

How  appointed,  term  of  office  of,  compensation  of 37,  162 

Shall  assess  all  property  liable  to  assessment 80,  165,  166 

When  to  make  assessments  and  make  tax  rolls 1  * »- i 

Action  of,  may  be  reviewed  by  Council 1 63 

President  of  to  have  powers  of  supervisor 164 

Duties  and  powers  of 165,  166 

May  demand  list  of  property  from  owners 166 

Notice  of  meeting  to  review 167 

When  to  deliver  rolls  to  Controller 170 

State  and  count y  taxes 170 

To  make  list  of  land  with  name  of  owners  for  local  assessment  districts 219 

To  assess  cost  and  expenses  of  improvements 219 

To  transmit  assessment  rolls  to  Council 219 

To  give  notice  of  completion  of  assessment  rolls 219 

To  assist  in  selection  of  jurors  in  street  and  alley  openings 733 


ASSIGNATION  HOUSES.  Section 


Power  to  suppress. 


ASSISTANTS,  DEPUTIES,  ETC. 


Appointment  of. 


135 


68 


ATTORNEY.    (See  City  Attorney.) 

"When  authorized  to  practice  in  Police  Court 652 

AUCTIONS. 

Mock,  power  to  prohibit  and  suppress 135 

Power  to  regulate l39 

AUCTIONEERS. 

Power  to  license  and  regulate 139 

AUDITORS  OF  WAYNE  COUNTY. 

May  inspect  records  of  Recorder's  Court 253 

To  audit  certain  bills  of  expense  for  arresting  criminals 548 

AWNINGS. 

Power  to  regulate 122 

AWARDS. 

In  street  opening  cases 


737 


AYES  AND  NAYS. 

When  vote  to  be  taken  by  in  Common  Council 112,  902 

BAIL. 

Power  to  hold  to,  for  good  behavior 142 

Clerk  and  Judges  of  Recorder's  Court,  may  let  to - ' > 

Clerk  of  Recorder's  Court,  to  report  number  held  to 2~3 

Policemen  not  to  be  interested  in &*" 

Special,  policemen  shall  not  furnish 560 

Persons  committed,  in  default  of :>" 

Prosecutions  of  forfeited  bail o7r 

For  appearance  at  Recorder's  Court 580 

For  appearance  on  adjourned  day 5S1 

What  judges  may  let  to 6°5 


Of  witnesses. 


C56 


BALCONIES. 

To  be  provided  and  Are  escapes,  how  constructed 71* 

BALLAST. 

Powers  to  regulate  the  laying  out  of 11!) 


INDEX. 


BALLOTS.    (See  Election  Laws.)  Section 

Canvass  ami  return  of 29 

When  to  be  destroyed 29 

For  persons  to  fill  vacancies 31 

Vignette  on 785,  786,  787 

Copy  of  to  be  filed  with  County  Clerk  and  Secretary  of  State 786 

Printing  of  names  on,  size,  arrangement  and  form  of 789 

How  printed  in  case  of  death  of  candidate 790 

Unlawful  to  use  other  than  official 791 

Number  to  be  provided 792 

Expense  of,  how  paid 792 

Constitutional  amendments 788,  789,  793 

How  put  up  and  delivered  at  polling  booths 794,  795 

How  opened,  marked  and  delivered  to  elector 797 

Method  of  marking,  folding,  etc 801 

Exposure  of 801 

How  distributed  805 

How  marked  when  elector  is  incapable 807 

Spoiled  ballot 809 

When  not  to  be  counted 809 

Unused  and  spoiled,  to  be  preserved 810 

Distinguishing  marks  on 811 

Counting 811,812,  813 

BALLOT  BOXES.    (See  Election  laws.) 

Disposition  of  at  close  of  election 29,  812 

How  provided,  etc 781 

To  be  examined  before  opening  polls 782 

How  locked  and  sealed 803,  812 

BANKS. 

Power  to  make  contracts  with 205 

BARBED  WIRE  FENCES. 

Council  may  order  taken  down 85 

BARNS. 

Power  to  regulate  the  construction  of,  abate  nuisances,  etc 132 

BATHING  AND  BATH  HOUSES. 

Power  to  prevent,  license  and  regulate 134 

BEEF. 

Power  to  inspect 140 

BEGGARS. 

Power  to  punish  and  restrain 135. 

BELLE  ISLE.     (See  Board  of  Park  and  Boulevard  Commissioners.) 


BELLS. 


INDEX.  7 

Section 


Power  to  regulate  the  ringing  of 123 

BENEFITS.    (See  Assessment  of  Benefits. ) 

BETTING. 

Council  may  prohibit,  etc 1  " 

BIDS. 

For  public  work  exceeding  $200 191 

For  paving,  what  to  show 21C 

BILLIARDS. 

Power  to  suppress  gambling,  etc.,  with 13, 

BIRTHS  AND  DEATHS. 

Power  to  regulate  registration  of 141 

Registration  of 68S 

BLACKSMITH  SHOPS. 

Power  to  regulate  construction  of ,  etc 132 

BOARDS. 

To  make  report  and  estimates  when  required 88,  204 

May  administer  oaths  and  issue  subpoenas,  etc U6 

BOARD  OF  ASSESSORS.    (See  Assessors.) 

BOARD  OF  AUDITORS  OF  WAYNE  COUNTY.     (See  Auditors,  etc. ) 

BOARD  OF  ALDERMEN.    (See  Aldermen.) 


To  appoint  certain  officers Ah 

May  expel  its  members od 

President  of,  when  elected '  *>    * 

How  constituted,  clerk  of,  etc 9i 

Clerk  to  preside  at  first  meeting  of 98 

Sessions  of " 

Special  sessions  of,  how  called  —  '. *""' 

Reconsideration  of  vote  by,  in  case  of  Mayor's  veto 103 

Right  of  petition  to 109 

Judge  of  qualifications,  etc.,  of  its  own  members H° 

Ordinances,  etc.,  not  to  be  passed  at  meeting  when  introduced 112,  202 

Committees  of,  how  appointed 115 

BOARD  OF  BUILDING  INSPECTORS.    (See  Building  Inspectors.) 

BOARD  OF  CITY  CANVASSERS. 

How  composed "^ 

BOARD  OF  COMMISSIONERS  OF  SINKING  FUND.    (See  Sinking  Fund.) 


index. 


BO  \KI>  OF  EDUCATION.  Section 

How  organized  and  composed 477 

Members  of,  how  elected 177 

Ex  officio  members  of 480 

Corporate  name  of 480 

Meetings  of 481 

Superintended  of  Schools,  salary  of 482 

Secretary  and  Treasurer  of 482 

Primarj  school  money 483 

Manner  of  taking  census  oi  children 483 

<  Mlcnses  under  ordinances  of - 484 

Shall  publish  annual  statement 485 

Shall  appoint  Library  Commissioners 4S0 

Powers  and  duties  of  Library  Commissioners 486 

Public  Library  building,  how  provided  for (87 

Annual  estimates 488 

Shall  make  estimates  for  lots  and  buildings 488 

Per  capita  tax,  limitation  of 488 

Bonds  for  school  purposes 489 

Receiver  of  Taxes  to  notify  amount  of  school  tax  collected 491 

School  moneys  to  be  paid  to  Treasurer  of 492 

School  tax  to  be  separate  on  tax  roll 493 

May  borrow  money  for  temporary  purposes 494 

Non-resident  taxpayers  may  send  children  to  schools 495 

Council  may  make  ordinances  relative  to  schools 497 

Inspectors  not  to  receive  compensation  or  to  be  interested  in  contracts 498 

May  submit  certain  questions  to  vote  of  electors 499 

Manner  of  conducting  elections  on  questions  submitted 499 

Qualifications  of  electors 500 

When  Mayor  may  veto  proceedings  of 501 

Proceedings  on  Mayor's  veto 501 

BOARD  OF  FIRE  COMMISSIONERS.     (See  Fire  Commissioners.) 

BOARD  OF  HEALTH. 

How  appointed 87,  376 

Terms  of  office  of  members 3/6 

Shall  appoint  health  officer < 376 

Salary  of  health  officer 377 

Shall  make  estimates  to  Common  Council 378 

To  nominate  city  physicians 379 

Reports  of 380 

How  constituted , 382 

Power  to  appoint  officers,  clerks,  etc 382 

Qualification  of  Health  Commissioner 382 

Qualifications  of  Health  Officer 382 

Qualifications  of  Spscial  Sanitary  Inspector 382 

Qualifications  of  food,  meat,  milk  and  sanitary  inspectors 382 

Sanitary  functions  of  police  abolished 382 

Plumbers,  shall  pass  examination 382 


Section 

Shall  determine  duties  and  fix  salaries  of  all  appoiutees 382 

Shall  regulate  plumbing  etc.  of  buildings 383 

Penalty  for  violating  rules  of 383 

Plans  of  drainage  etc.  of  public  buildings  to  be  approved  by 384 

Plumbers  required  to  be  registered 385 

Coroners  to  make  monthly  reports  to 386 

When  Board  of  Public  Works  subject  to  control  of 387 

County  Clerk  to  make  report  of  marriages  to 3s* 

Physicians,  midwives  etc.,  to  report  to 389 

Public  institutions,  etc . ,  to  report  to 390 

Expiration  of  terms  of  present  officers 391 

Extraordinary  powers  of  in  case  of  pestilence 392 

Power  to  tax  for  maintenance  of 393 

City  treasurer  made  treasurer  of 393 

Sale  of  impure  milk 394 

Penalty  for  sale  of  impure  milk •  ■  395 

Milk  inspector,  how  appointed 3% 

Duties  of  Milk  Inspector 397,  398 

When  Inspector  to  make  complaints 398 

Penalty  for  refusing  inspection 400 

BOARD  OF  INSPECTORS  OF  ELECTION.     (See  Inspectors  of  Election— Election  Laws.) 
BOARD  OF  INSPECTORS  OF  HOUSE  OF  CORRECTION.    (See  House  of  Correction.  I 

BOARD  OF  PARK  AND  BOULEVARD  COMMISSIONERS. 

How  appointed 37,  423 

To  have  police  powers  and  jurisdiction  over  Belle  Ible  Park 418 

Power  to  erect  bridge  and  approaches 419 

Issue  of  bridge  bonds 420 

Organization,  powers  of  etc 424 

To  have  exclusive  care  of  boulevards  and  parks,  etc 424 

Vacancies  in,  how  filled 420 

May  appoint  secretary,  make  rules  and  by-laws,  etc 427 

May  employ  engineers,  clerks,  agents,  etc.,  and  prescribe  their  compensation 427 

Quorum  of 4  27 

What  to  have  charge  of 428 

When  must  advertise  for  bids 428 

Council  may  make  ordinances  for  observance  of  rules  of 429 

Shall  make  annual  estimates 430 

Estimates  to  be  levied  with  other  taxes 431 

Futids  of  how  paid  out 432 

Shall  not  create  debts  or  liabilities  not  authorized 432 

Shall  have  control  of  Belle  Isle  Bridge  and  make  rules  for  use  of  43i 

Shall  not  hold  other  office,  and  receive  no  compenf  a  ion 434 

Shall  make  annual  report 435 

Books  of  records  of,  subject  to  inspection 435 

Shall  let  privileges  for  hiring  of  boats  etc 43fi 

."May  purchas  •  lands  when 437 


[NDBX 


BOAKD  OF  PARK  AND  BOULEVARD  COMMISSIONERS- Continued.  Section 

With  consent  of  Council  may  issue  bonds 181 

Condemnation  of  lands  by 488,  189,  140,  141,  142,  143,  144,  145,446,447,  148,449,  4r.it 

Petition  for  acquisition  of  lands,  what  it  shall  contain 438 

Proceedings  in  court  on  petition 439 

Service  of  notice  of  proceedings 440 

When  notice  to  be  published 440 

When  court  shall  direct  service 442 

Drawing  of  jurors 443- 

Verdict  of  jury  may  be  set  aside 415 

Confirmation  of  report,  etc 446 

Appeals  in  condemnation  proceedings 448 

Jurors  fees  in  condemnation  proceedings 44!* 

Payment  of  compensation  awarded  in  condemnation  proceedings 450 

Original  act  confirmed 451 

Previous  act  repealed 452 

May  make  rules  as  to  sidewalks,  etc 453 

Assessments  for  sidewalks 453 

Bonds  for  improvement  of  Boulevard 454 

Bonds  for  improvement  of  Belle  Isle  park 455 

Question  of  issuance  to  be  submitted  to  electors 456 

Vote  on  issuing  bonds,  how  taken 45V 

May  receive  donations  of  land 45S 

Police  powers  over  donated  land 459 

Council  may  extend  public  lighting  over  parks,  etc 460 

Establishment  of  board  in  townships '. 462,  463,  464 

Term  of  office  of 465 

Mayor  to  be  president  of . .  466 

Location  of  Boulevard 467 

Maps  and  survey  of  Boulevard 468,  469 

Conveyance  of  real  estate  to 470 

Power  to  condemn  land 471 

Power  to  condemn  land  in  townships 472 

Boulevard  to  be  common  and  public 473 

When  powers  conferred  shall  be  exercised 474 

City  to  pay  expenses  of  survey 475 

City  Engineer  to  assist  in  survey 475 

BOARD  OF  POLICE  COMMISSIONERS.     (See  Metropolitan  Police.) 

BOARD  OF  POOR  COMMISSIONERS. 

How  appointed 37,  401 

Powers,  term  of,  etc 401 

Shall  enforce  ordinances  relative  to  poor 402 

To  purchase  supplies  for  the  poor 403 

May  contract  for  care  and  burial  of  poor 404 

To  disburse  county  relief  fund  405 

Donations  to 406 

Appointments  by 401,  407 

To  receive  no  compensation 400 


Section 

To  act  as  County  Superintendents 412,  413 

Shall  appoint  City  Physicians - 414 

When  to  aid  dependent  families 6~6 

BOARD  OF  PUBLIC  WORKS. 

How  appointed 37,  309 

Shall  estimate  amount  of  sewer  bonds  necessary 161 

When  may  build  sidewalks,  etc lf,l 

Term  of  office,  salary,  etc 309 

Members  of  to  give  bonds 309 

Vacancies  in,  how  filled 309 

Shall  appoint  city  engineer 310 

Members  of  shall  not  accept  nominations  to  office  311 

Shall  make  general  plans  of  st  reets  and  alleys,  etc 312 

Plats  not  valid  until  approved  by 312 

Cannot  change  plat 312 

Shall  establish  system  of  grades 313 

Shall  establish  system  of  sewers 314 

May  regulate  gas  connections  in  streets 315 

Shall  supervise  grading  and  paving  of  all  streets,  alleys,  etc 316 

To  supervise  construction  of  sidewalks,  crosswalks,  etc 317 

May  employ  skilled  workmen,  w  hen 318 

To  have  entire  charge  and  control  of  street  cleaning,  repair  of  paving,  etc 319 

To  make  estimates  for  repairs,  cleaning,  etc 319 

All  public  improvements  to  be  first  referred  to 320 

May  appoint  superintendents,  clerks,  secretary,  etc 321 

Shall  report  all  work  done  to  Council 322 

No  money  for  work  done  to  be  paid  except  ordered  by  Council 322 

Council  may  grant  other  powers  to 323 

Shall  classify  work,  keep  accounts  original  construction,  repairs,  etc.,  and  make  an- 
nual report  to  Council 324 

Members  of  not  to  be  interested  in  contracts 325 

Members  of  may  be  removed  for  cause  by  Council 325 

Grading  and  paving,  how  done 326 

Erection  of  public  buildings 326 

May  issue  permits  to  use  streets 327 

May  inspect  buildings,  etc 327 

May  remove  dangerous  structures 329 

When  subject  to  Board  of  Health 387 

BOARD  OF  REGISTRATION.    (See  Registration,  Board  of) 

BOARD  OF  WATER  COMMISSIONERS.    (See  Water  Commissioners.) 

BOILERS. 


Inspection  of.  power  to  regulate. 


122 


BONDS.    (See  Public  Sewer  Bonds.)  Secticn 

Controller  t<>  countersign ,c 

Board  of  Estimates  may  authorize  issue  of 188 


Public  improvemenl . 


189 


For  bridge 1S9' 

Denomination  of *8^ 

By  whom  signed,  endorsement,  form  of 1S!) 

Bids  for 189 

Coupons,  how  paid 1891 

Treasurer's  duties  relative  thereto 189 

Controller's  duties  relative  to Is'-' 

New.  what  to  show 194 

Refunded,  to  be  cancelled 105, 

When  void ;■•    1% 

Purchased  for  Sinking  Fund 21° 

Public  faith  and  property  pledged  tost  cure 21S 

Paving,  may  be  issued ~-' 

Paving,  may  be  delivered  to  contractor '-'- l 

Paving,  how  payable,  interest  on ~25 

Controller  shall  keep  record  of 225 

Sewer,  issuance  of  to  be  submitted  to  electors 329a 

Sewer,  shall  not  be  sold  for  less  than  par 329£ 

Sewer,  denominations  to  be  fixed  by  Common  Council 329* 

Sewer,  money  from  sale  of,  to  be  credited  to  public  sewer  funds 329c 

Controller  to  keep  record  of  sew  er 329c 

For  school  purposes - 48.) 

For  Belle  Isle  Park 42° 

Water  Commissioners  authorized  to  issue 508,  536,  637,  538,  539,  540 

Re-issue  of  and  new °~'  >  "0 

On  appeal  in  street  opening  cases '41,  "~ 

BONDS,  OFFICIAL. 

When  to  be  filed 61 

What  officers  to  give 61 

Conditions  of - 

Of  constables °0 

Council  may  order  new *>4 

Neglect  to  file,  vacates  office 6o 

Sureties  on 6" 

( 'lerk  to  report  officers  failing  to  file fiT 

To  be  given  before  a  license  shall  issue 143 

Of  clerk  and  deputy  clerk  of  Recorder's  Court 235 

Of  treasurer  of  Board  of  Education 482 

Of  Property  Clerk  of  Police  Board ■"'"'' 

Of  Clerk  of  Police  Court 645 

Of  Clerk  of  Justices'  Court 68G 

BOOKS  AND  PAPERS. 

Refusal  to  deliver  over,  puuishment  for 81 


INDEX. 


13 


BOOKS  AND  PICTURES.  INDECENT.                                                                                             Section 
Power  to  prevent  sale  of 123 

BOULEVARD,  AND  BOULEVARD  COMMISSIONERS.     (See  Board  of  Park  and  Boulevard 
Commissioners.) 

BOUNDARIES. 

Of  City ?, 

Of  wards 4 

Of  highways,  streets,  etc.,  power  to  establish 127 

BREAD. 

Power  to  inspect.,  etc 140 

BREWERIES. 

Power  to  regulate  construction,  etc.,  of 132 

BRIBERV. 

Punishment  for 48 


BRIDGES. 


Council  may  build,  when 152 

Interest  of  city  in 152 

Management  of 152 

Council  may  issue  bonds  for  building 189,  420 

Police  to  have  jurisdiction  over 418 

To  Belle  Isle,  Council  may  construct 118 


BUILDINGS. 


Unsafe,  power  to  remove 85 

Power  of  Council  to  number 187 

Power  to  erect  public 129 

Regulations  as  to  fire  risks 132 

Erection  and  lepair  of  wooden 133 

Erection  and  repair  of  stone  and  brick 133 

Right  to  remove  on  tax  sales 177 

To  be  provided  with  balconies 714 

Elevators,  hoistways  and  well  holes  in 714 

Exit  doors  and  seats  in  aisles  in 714 

Not  to  be  used  without  inspector's  certificate 71G 

Dangerous,  may  be  removed  or  torn  down 717 

Taken  in  street  opening  cases 737,  746 

Proceeds  of  sale  of,  in  certain  cases '< ■'">  '•'  "> 


14  INDEX. 

BUILDING  INSPECTORS.                                                                                                              Section 
Bow  appointed,  removed  and  qualifications  of 711 

■  niuvrs,  rules,  and  books  of 718 

Shall  Inspecl  buildings  annually  and  upon  complaint 713 

To  give  certificates  of  inspection 715 

Buildings  not  to  be  used  \\ ithout  certificate  of TIB 

Duties  of  as  to  dangerous  buildings 717 

shall  give  notice  to  owner  of  dangerous  huildings 717 

Mav  remove  dangerous  buildings 717 

Shall  have  authority  to  enter  upon  owner's  premises 718 

Shall  inspect  during  the  erection  of  new  buddings 719 

Duties  of  as  to  defective  material 1 19 

Appeals  from  decision  of  board  of 71H 

Shall  make  monthly  and  annual  reports 720 

Salary  of 721 

Shall  charge  no  fees  for  inspection 721 

Violations  of  provisions  of  building  inspection  act,  how  punished 722 

To  have  concurrent  jurisdiction  with  Chief  of  Police 725 

BUILDING  MATERIAL. 

Power  to  regulate  inspection  of 140,  719 

BURGLARS  TOOLS. 

To  be  seized  and  destroyed 579 

BURIALS. 

Of  strangers  and  poor,  power  to  regulate HI 

Board  of  Poor  Commissioners  to  provide  for 40 1 

BUTCHERS. 

Power  to  license,  etc 139 

BUTCHER  SHOPS  AND  STALLS. 

Power  to  compel  cleaning  of,  etc 130 

Power  to  prohibit  erection  of 13~ 

BUTTER. 

Po  pver  to  inspect 140 

BY-LAWS. 

Power  of  Council  to  pass 110 

CABS.    CSee  Vehicles.) 

CAB-MEN 

Power  to  license  and  regulate 1-4,  13H 


INDEX.  15 

CAMPHENE  FACTORIES.                                                                                                                   Section 
Power  to  prohibit  and  prevent 13*. 

CANVASSERS.    (See  Board  of.) 

CANVASS.    (See  Election  Laws. ) 

Of  votes,  how  made 29,  811 

CARAVANS. 

Power  to  license,  regulate  or  prohibit 139> 

CARDS. 

Power  to  suppress  gaming  with 134 

CARPENTER  AND  COOPER  SHOPS. 

Power  to  regulate  construction  and  management  of 182: 

CARRIAGES,  CARTS,  Etc.    (See  Vehicles.) 

CATTLE. 

Power  to  restrain  running  at  large 135 

CELEBRATIONS. 

Power  to  levy  tax  for 222 

CELLARS. 

Power  to  compel  cleaning  of 131 

Power  to  regulate  construction  of 131 

Power  to  assess  expenses  of  lateral  sewers  for  draining,  etc 131 

CEMETERY. 

Power  to  hold  real  estate  for 129 


CENSUS. 


Power  to  provide  for  taking Ill 

Of  children,  Board  of  Education  to  take 48$ 

Of  children,  school  taxes  to  be  based  on 48$ 

Registration  of  births  and  deaths 688> 


CERTIFICATES. 


On  presentation  of  ordinance  to  Mayor 104 

Of  sale  of  land  for  taxes 173 

To  be  prima  facie  evidence  of  regularity 180 

Of  expenses  of  state  prisoners  in  House  of  Correction 254 

To  Commissioner  of  Police 544 

Of  inspection  of  buildings  etc 715 

Of  treasurer,  in  street  opening  cases 715 


l6  INDEX. 

CHALLENGES  '  Section 

Of  voters  at  election 25,  789,  799,  800 

Of  jurors  in  police  court 663 

Of  jurors  in  street  opening  cases 735 

ill  \KTER. 

Power  to  punish  violation  of  provisions  of 142 

Prosecutions  for  violations  of 249 

Attorney  to  collect  fines  for  violation  of 252 

City  to  pay  costs  etc.,  of  prosecution  under 25-1 

Offences  against,  may  be  tried  without  a  jury 259 

Clerk  of  Recorder's  Court  to  report  prosecutions  under 273 

CHIEF  ENGINEER. 

May  be  appointed  by  Fire  Commissioners 342 

Salary  of 342 

CHIMNEYS. 

Power  to  regulate  construction  and  cleaning  of 133 

(  IRCUIT  COURT  COMMISSIONERS. 

Not  to  grant  writs  of  habeas  corpus  etc.  or  to  discharge  or  release  prisoners  on  bail 624 

CIRCUSES. 

Power  to  prohibit  or  license 139 

CITY  ATTORNEY. 

When  elected,  term  of  office  of 30 

Qualifications  of 42 

Duties  of 74,  308 

To  collect  fines  in  Recorder's  Court 252 

To  file  petitions  in  street  opening  cases 728,  753 

Notice  of  appeal  to  be  served  on 741 

To  move  for  new  trials,  when 748 

May  bidin  property  for  city,  when 749 

CITY  CLERK. 

To  give  notice  of  elections 18 

To  receive  returns  of  ballots 29 

When  elected,  term  of  office  of 36 

To  give  notice  of  election  and  appointment  of  officers 65 

Shall  report  those  neglect  ing  to  qualify 67 

General  duties  and  powers  of 75 

May  administer  oaths s;j 

To  countersign  licenses 87 

To  be  clerk  of  Common  Council 75,  97 

To  preside  at  first  meeting  of  Council 98 


INDEX.  17 

-CITY  CLERK— Continued.  Section 

To  serve  notice  of  special  meetings  of  Council 100 

To  make  certificates  of  presentation  of  ordinances,  etc.,  to  Mayor 104 

To  keep  record  of  Council  proceedings  and  record  ordinances,  etc 105 

To  take  acknowledgments  of  and  attest  deeds  from  city  178 

To  give  notice  of  election  of  Recorder 231 

CITY  OF  DETROIT. 

Boundaries  of 3 

Faith  and  property  of,  pledged  for  payment  of  debts 213 

To  pay  costs  of  certain  prosecutions 254 

To  be  one  school  district , 476 

To  pay  expenses  of  Metropolitan  Police,  and  of  serving  criminal  process 561 

•CITY  ENGINEER. 

How  appointed, 39,  310 

Powers  and  duties  of 79,  310 

Salary 310 

How  removed 310 

Shall  make  survey  of  Boulevard 475 

CITY  PHYSICIANS. 

How  appointed 39,  379,  414 

Must  be  confirmed  by  City  Council 381 

Qualifications  of 415 

Duties  of •IIS 

CLAIMS.    (See  Accounts.) 

CLERK  OF  JUSTICES1  COURTS. 

Appointment,  salary,  duties  of,  etc . .     681 

To  appoint  deputies,  etc 681 

To  receive  fines 081 

Bondof 681 

CLERKS  OF  MARKETS.  (See  Market.) 
CLERK  OF  POLICE  COURT. 

How  appointed,  term  of  office  of 39,  644 

Qualifications  and  oath  of  office 645 

Vacancy  in  office  of 646 

Shall  keep  records  of  court,  collect  tines,  administer  oaths,  etc 662 

■CLERK  OF  RECORDERS  C3URT. 

May  administer  oath „ 83,  236 

How  appointed 234 

Bondof 235 

Powers  and  duties,  and  salary  of 236 

Complaints  in  ordinance  cases  to  be  sworn  to  before  '-'49 


Ks  indi:\. 

CLERK  OF  RECORDER'S  COURT— Continued.  Section. 

When  to  open  or  adjourn  court 260 

I'n  make  reports  of  collections  of  fines 252 

List  of  jurors  bo  be  tiled  with 260,  261,  738 

Old  .jury  ballots  to  be  destroyed  by ■ 262 

To  notify  Recorder  and  Sheriff  of  drawing  of  jurors 263,  735 

May  adjourn  drawing  of  jurors 264 

Drawing  jurors  by 265,  *>  35 

To  make  minutes  of  drawings  and  issue  venire 266,  735 

To  destroy  ballots  of  jurors  drawn  or  excused 269 

To  make  annual  reports  to  Common  Council 278 

To  issue  summons  in  street  opening  cases 730 

Notice  of  appeal  to  be  filed  with 741 

To  make  return  on  appeal 742 

To  transmit  to  Council  certified  copy  of  verdict 744 

Treasurer's  certificate  of  award  to  be  filed  with 745 

CLERKS  AND  ASSISTANTS. 

xVppointment  and  discharge  of 6^ 

COAL  AND  COKE. 

Power  to  designate  places  for  sale  of 1~* 

Power  to  regulate  the  inspection  of H° 

COCK  PITS. 

Power  of  police  relative  to 554 

COMBUSTIBLE  ARTICLES. 

Power  to  regulate,  etc.,  storage  of 132 

COMMISSIONERS  OF  SINKING  FUND.    (See  Sinking  Fund.) 

COMMITTEES. 

Of  Council,  how  appointed 11& 

Chairman  of  may  administer  oaths 1 1(i 

May  issue  subpoenas,  etc * ' G 

Loan,  how  constituted "06 

COMMON  COUNCIL. 

When  to  declare  result  of  special  elections 30 

Members  of,  accepting  bribes 4h 

Removal  of  elective  officers 5* 

Removal  of  appointive  officers ** 

Suspension  of  officers ™ 

When  to  declare  vacancies •*" 

When  resignations  made  to °' 

Filling  vacancy  in  appointive  offices °8 

Filling  vacancy  in  elective  offices &9>  60" 

May  prescribe  official  bonds  and  conditions 61 

May  require  new  official  bonds "4 


INDEX.  19 

•COMMON  COUNCIL— Continued.  Section 

General  powers  of,  relative  to  assistants  and  clerks 68 

May  prescribe  additional  duties  of  officers 82 

Members  of  may  administer  oaths 83 

May  order  removal  of  unsafe  buildings 85 

May  require  annual  reports  and  estimates  from  officers  and  Boards 88,  204 

How  constituted 89,    97 

Nominations  by  Mayor  to  be  confirmed  by 96 

Quorum  of 97 

President  of,  how  elected 98 

President  pro  tempore,  how  elected 98 

First  meeting  of,  how  called 98 

Regular  sessions  of '. 99 

Special  sessions  of,  how  called 100 

What  may  be  considered  at  special  meeting  of 100 

Proceedings  on  Mayor's  veto 103 

Record  of  proceedings  to  be  kept 104,  105 

Certificate  of  presentation  of  proceedings  to  Mayor 104 

General  record  of,  how  kept 105 

May  publish  proceedings  of 106 

Ordinances  and  resolutions  of  to  be  published 106 

Limitation  of  expense  of  publishing  proceedings  etc.  in  foreign  languages 106 

Style  of  ordinances 107 

Meetings  and  records  of,  to  be  open  to  public 108 

Right  of  petition  to 109 

To  be  judge  of  election  and  qualification  of  its  own  members 110 

Salary  of  members  of 1 10 

May  adopt  rules  etc • 110 

To  have  control  of  all  finances  and  corporation  property Ill 

Ordinances  etc.  how  passed 112,  202 

Resolution  or  ordinance  requiring  expenditure  of  money  not  to  be  passed  at  sessions 

at  which  introduced 112,  202 

Aldermen  not  to  vote  on  question  in  which  he  is  interested 113 

Appointments  to  and  removal  from  office  how  made 114 

Committees  of,  how  appointed 115 

Powers  of  chairman  of  committees 116 

General  powers  of,  relative  to  appointment,  and  salary  of  officers 118 

General  powers  of,  relative  to  election  of  officers 118 

General  powers  of,  relative  to  removal  of  officers 118 

General  powers  of,  119,  120,  121,  122,  123,  124,  125,  126,  127,  128,  129,  130,  131.  132,  133,  134, 

135,  136,  137,  138,  139,  140,  141,  142,  143,  144,  145,  146,  147,  148,  149,  150,  151 

Power  of,  relative  to  burial  of  strangers 141 

Power  of, relative  to  registration  of  birihs  and  deaths 141 

Power  of ,  to  provide  for  imprisonment  for  violation  of  provisions  of  charter  or  ordi- 
nances    142 

May  authorize  Mayor  to  grant,  issue  and  revoke  licenses 143 

May  provide  for  perpetuation  of  evidence  of  title 144 

May  provide  by  ordinance  for  construction  and  repair  of  sidewalks  by  property  own- 
ers, etc 145 

May  order  construction  and  repair  of   sidewalks   and  assess  expenses  to  abutting 

property 145 

May  designate  material  for  sidewalks 145 

May  provide  for  refunding  taxes  illegally  assessed  or  collected 146 

May  fix  and  regulate  fees  of  jurors  and  witnesses 147 

.May  call  public  meetings  of  citizens 147 


INDEX. 


COMMON  COl  N<  II      Continued.  Section 

M.i\  enact  ovdinant  e:  .  to  cai  ry  oui  powers  conferred 147 

Maj  provide  for  re -assessment  to  supply  deficiencies  148 

May  vacate  illegal  assessments  and  order  new  special  assessments 149 

May  order  sew  ers  built  through  private  property 150 

May  older  unjust  taxes  refunded  out  cif  contingent  fund 151 

Shall  have  power  to  unite  with  Canadian  authorities  to  build  and  maintain  bridge  or  tun- 
nel across  Detroit  River 152 

Property  owners  may  appeal  to,  from  assessment  of  property 168 

Power  to  consider  and  revise  assessment  rolls 168,  169 

Shall  have  power  to  levy,  assess  and  collect  taxes  not  exceeding  one  per  cent  of  the  as- 
sessed value  of  real  and  personal  property 184 

May  levy  taxes  for  district  road  fund 185 

May  levy  taxes  for  sewer  fund 186 

May  levy  taxes  for  interest  and  sinking  funds 18" 

Shall  not  provide  for  grading,  paving  etc.  at  a  cost  exceeding  $200,000  in  any  one  year 188 

May  issue  bonds  for  Sewer  and  Building  Funds 189 

Denomination  of  bonds  to  be  issued  by 189 

Form  of  endorsement  on  bond 189 

May  direct  work  to  be  done  by  Board   of  Public  Works.. 191 

Cannot  issue  evidences  of  debt  except  as  provided 192 

May  issue  new  bonds  etc.  for  refunding  of  old  bonds 192 

May  authorize  Controller   to  borrow  money  for    temporary  purposes 193 

Shall  incur  no  expenses  and  create  no  liabilities  contrary  to  provisions  of  charter 196 

Shall  not  create  liability  against  any  fund  when  exhausted 200 

May  require  statements  and  estimates  in  detail  from  officers  and  boards  of  the  corporation  204 

May  contract  with  banks  for  safe  keeping  of  money 205 

To  cause  assessments  for  paving  to  be  made 215 

Shall  confirm  assessment  roll 219 

May  order  cost  of  paving  intersection  to  be  paid  out  of  General  Road  Fund 220 

May  make  ordinance  for  paving  or  improving  alleys 221 

Power  to  levy  taxes  for  entertainment  fund 222 

Legal  acts  of,  confirmed 223 

Power  to  issue  paving  bonds ~21 

Shall  create  street  paving  sinking  fund 227 

May  order  election  to  fill  vacancy  in  Recorder's  Court 232 

May  inspect  books  and  records  of  Recorder's  Court 243- 

May  prescribe  punishment  for  violation  of  ordinances 25i 

May  direct  establishment  of  lighting  fund 28i 

Power  to  adopt  ordinances  relative  to  publie  lighting 294 

Shall  provide  offices  etc.  for  Law  Department 296 

May  provide  for  assistants,  clerks  and  subordinates  for  Law  Department 296 

Shall  appoint  members  of  Board  of  Public  Works,  fix  salary,  and  approve  bond  of  same..  309 

May  direct  Board  of  Public  Works  to  perform  other  duties  than  fixed  by  charter 323 

May  issue  public  sewer  bonds 3".9fl 

May  levy  taxes  for  Fire  Department °52 

■     May  inspect  books  and  accounts  of  Fire  Department 353 

May  extend  fire  limits *""* 


21 


COMMON  COUNCIL— Continued.  Section 

May  levy  taxes  for  expenses  of  Health  Board 378,  393 

May  make  ordinances  to  enforce  rules  of  Park  Board 429 

May  levy  taxes  to  maintain  parks  etc 431 

May  issue  bonds  for  improving  Boulevard 454 

Mav  borrow  money  and  issue  bonds  for  Belle  Isle  Park 455 

Shall  hare  power  to  extend  public  lighting  over  parks  and  boulevards 460 

Shall  levy  taxes  for  school  expenses 488 

Limitation  of  school  tax 4°° 

May  levy  taxes  for  school  buildings  or  issue  bonds  in  lieu  thereof 489 

May  issue  bonds  for  enlarging  Library  Building 502 

May  raise  money  by  taxation  for  enlarging  Library  Building 503 

Shall  levy  taxes  for  estimates  of  Police  Department 572 

Petitions  for  pensions  to  be  presented  to , 588 

Shall  order  election  to  fill  vacancy  in  office  of  Police  Justice 643 

To  provide  court  room  for  Police  Court 649 

Shall  provide  for  maintenance  of  Police  Court 650 

Shall  appoint  persons  to  register  births  and  deaths 688 

May  change  rules  of  Gas  Commissioners 701 

May  order  opening,  etc.,  of  streets  and  alleys "d6 

Necessity  for  street  opening  to  be  declared  by  resolution  of I'Ti 

COMPENSATION. 


Fees  not  to  be  taken  as . 


69 


Of  Aldermen no 

Of  officers,  powers  of  Council  relative  thereto 118 

Of   Hack  drivers I38 

Of  weighers  and  measurers 140 

Of  Recorder 233 

For  land  taken  by  Water  Commissioners 522 

Of  property  clerk  of  police 546 

Of  policemen 549 

Of  special  policemen 556,  55i 

Of  officers  conveying  prisoners  to  House  of  Correction 604,  606 

For  maintenance  of  state  prisoners  in  House  of  Correction 605 

In  cases  of  opening  streets  and  alleys,  how  paid TS9,  745,  766 

Awarded  by  jury  in  street  opening  cases "37,  758 

How  awarded  when  there  is  mortgage '3~ 

COMPLAINTS. 

Proceedings  against  persons  licensed °4 

In  ordinance  c  ases,  how  made ~19 

COMPLAINT  BOOK. 

Of  Metropolitan  police,  what  to  be  entered  in 559 

CONCERTS. 

Power  to  prevent,  regulate  or  license 13" 

CONSTABLES. 

When  elected  term  of  office  of 36 

1 1 0  w  suspended  or  removed 53 

Official  bond  of 63 


INDEX. 

CONTINGENT  FUND.  Section 

Illegal  taxes  to  be  refunded  out  of 1*6>  151 

For  \\  hat  purpose  raised ' 

I,,  be  raised  by  tax 184 

Money  from  tiquor  tax  in,  when  to  be  transferred ~m 

CONTRACTS. 

Pel  sons  interested  In  ineligible  to  certain  offices 46 

Officers  becoming  interested  in 4( 


Sureties  on,  Council  to  examine 

Claims  on,  to  be  accompanied  by  affidavits,  etc. 


86 


Actions  on,  when  barred 

For  public  works,  not  to  be  let  until  approved  by  Council 190 

For  removal  of  garbage 'J" 

To  be  let  to  lowest  bidder,  when  amount  exceeds  $21)0 191 

Not  to  be  let  to  defaulters  and  others "" 

For  public  lighting 19° 

No  additional  allowances  to  be  made  on 19' 

To  be  void  when  officers  are  interested  in 2°1 

Paving,  cost  to  be  assessed,  how *" 

Paving,  to  be  completed  when **" 

Bidding  on  for  work,  and  assessment  districts 216 

Water  Commissioners  not  to  be  interested  in 529 

For  imprisonment  of  criminals  in  House  of  Correction 602 

Of  inspectors  of  State  Prison,  relative  to  criminals  , 605 

CONTROLLER. 

How  appointed •  Al 

To  nominate  deputy *" 

How  removed 5* 

Bond  of 61 

Duties  and  powers  of ' " 

To  make  schedule  annually  of  approved  accounts 76 

To  advise  Council  when  any  fund  is  exhausted 76 

To  have  general  supervision  of  finances  of  corporation ^6 

To  open  and  keep  accounts  with  the  treasurer 77 

To  keep  a  list  of  city  property 77 

May  administer  oaths  and  take  acknowledgment  of  deeds 83 

To  make  annual  estimates  of  needed  taxes 15° 

To  keep  record  of  public  sewer  bonds 160,  3^9c 

To  execute  deeds  on  tax  sales 173,  178 

When  to  bid  in  property  for  benefit  of  the  corporation 179 

Duties  of,  relative  to  public  improvement  bonds  etc 189 

To  keep  record  of  new  bonds  issued  to  refund  old  bonds 194 

To  keep  record  of  cancelled  bonds 195 

No  money  to  be  paid  out  except  upon  warrant  by 

To  make  a  full,  complete  and  detailed  statement  to  Council  each  year 

May  require  statements  from  officers  and  boards  of  the  corporation 

To  be  a  member  of  committee  to  negotiate  loans 


198 
203 
204 
206 


INDEX.  23 

■CONTROLLER— Continued.  Section 

To  be  a  member  of  sinking  fund  board 210 

To  draw  warrants  on  sinking  fund 212 

To  inspect  books,  etc.,  of  fire  commissioners 353 

To  keep  register  of  retired  fireman 369 

To  keep  record  of  pensions 370 

To  submit  estimates  for  relief  fund 371 

To  draw  warrants  for  pensions 372 

May  inspect  books,  etc. ,  of  fire  commissioners 353 

To  inspect  books,  etc.,  of  park  commissioners 435 

Shall  keep  records  of  public  library  bonds 502 

To  submit  estimates  of  expenses  of  police 562 

To  inspect  books  etc.  of  Police  Commissioners 564 

To  make  estimates  for  police  pensions 587 

To  report  police  justice  bond  to  Council  and  Board  of  Education 595 

•CONVEYANCES.     (See  Deed*.) 

Upon  tax  sales,  Controller  to  execute 173,  178 

To  the  corporation,  how  executed 179 

May  be  recorded 179 

When  to  be  evidence  of  regularity 173,  180 

CONVICTIONS. 

Clerk  of  Recorder's  Court  to  report  number  of 273 

CORPORATION  OF  THE  "CITY  OF  DETROIT." 

Name,  powers  and  seal  of 1 

Legislative  and  administrative  departments 2 

Controller  to  keep  list  of  property  of 77 

Council  to  have  control  of  property  of Ill 

Council  to  purchase  real  estate  and  to  erect  buildings  for 129 

Faith  and  property  of,  pledged  for  payment  of  debts 213 

Embezzlement  of  property  of  by  officers  of 214 

To  own  all  property  controlled  by  Fire  Department 344 

OOSTS  AND  EXPENSES. 

Of  officers,  Council  to  have  power  to  regulate 118 

Incurred  in  prosecution,  when  city  liable  for 254 

Of  trials  of  policemen  for  misconduct 550 

Of  Police  Court 650 

Security  for,  in  Police  Court 654 

In  Justices'  Courts 682 

When  may  be  waived  in  Justices'  Courts 682 

COUNSELOR. 

How  appointed,  term  of  office  of 37,  29 1 

To  be  a  practicing  attorney  of  five  years  standing 29< 

To  give  bonds 298 

Salary  of 29!* 


24  INDEX. 

COUNSELOR— Continued.  Section 

To  be  head  of  Department  of  Law 300 

Shall  conduct  suits  bj  or  against  the  city 300 

Shall  furnish  written  opinions  when  required 301 

Shall  a p point  assistants,  etc 302 

Shall  deliver  books,  etc.,  to  successor 303 

Shall  make  annual   reports 304 

Shall  notify  Council  of  pendency  of  suits 307 

May  appeal  causes 307 

COUNTY  CLERK. 

To  re  purl  marriages  to  Health  Board 388 

COUNTY  OFFICES. 

Aldermen  not  eligible  to 45 

COUNTY  SUPERINTENDENTS  OF  POOR. 

Poor  Commissioners  of  Detroit  to  be 412,  413 

CROSSWALKS. 

Engineer  to  make  assessments  for '9 

Expenses  of,  how  paid 121 

Power  to  clean,  etc 1*2 

Board  of  Public  Works  may  build  when  ordered 191 

Expenses  for  construction  and  repairs  to  be  paid  out  of  General  Road  Fund 220 

Board  of  Public  Works  to  superintend  construction  of 31 1 

CULVERTS. 

Power  of  Council  to  construct I*-" 

Board  of  Public  Works  to  superintend  construction  of 31 1 

DAMAGES. 

For  opening-  ditches,  how  assessed "» 

For  defective  sidewalks,  when  property  owners  liable "5 

For  sewers  and  drains  through  private  property,  to  be  paid  from  Sewer  Fund 150 

For  opening,  widening,  etc.,  streets  and  alleys,  how  paid 729,  745 

For  private  property  taken  for  public  use,  how  ascertained  and  awarded 737,  738,  758 

Assessed  upon  property  to  become  a  lien '40 

When  to  be  tendered  or  deposited '  ** 

On  payment  of,  Council  may  take  possession  of  land '45 

Benefit  to  be  set  off  against  in  opening  of  streets,  etc 7»« 

DANGEROUS  WALLS  AND  BUILDINGS. 

Council  may  order  torn  down °" 

Must  be  made  safe  or  torn  down *** 

Building  inspectors  may  order  taken  down "" 


25 


DEATHS.     (See  Births  and  Deaths.)  Section 

Of  electors,  proceedings  of  Board  of  Registration  relative  to 19 

56 
Of  officers,  to  vacate  office " 

Power  to  provide  for  registration  of 141> 

DEBTS. 

Of  the  corporation,  Controller  to  keep  list  of •' 

Of  the  corporation,  power  to  make  appropriations  to  pay 14' 

Of  city,  not  to  exceed  2  per  cent  of  assessed  value 18- 

No  evidences  of  debt  to  be  issued  not  authorized  by  charter 19- 


195 
196 


Bonds  refunded  to  be  recancelled 

Unlawful  bonds  not  to  be  paid 

DEEDS  AND  CONVEYANCES. 

Controller  may  take  acknowledgment  of ^ 

Of  land  sold  for  taxes 

178 
Acknowledgment  of 

179 

To  the  corporation 

.     .  437 

To  Boulevard  Commissioners 

DEFAUETERS. 


„-,  -13 

W  ho  are 

Ineligible  to  office 


Office  held  by,  to  be  declared  vacant 4d 

Contracts  not  to  be  let  to 191 

DEPOTS. 

Power  of  Council  relative  to  conduct  at 1~4 

DEPUTV  CONTROLLER.     (See  Controller.) 


How  appointed,  powers  and  duties  of. 


37 


DETROIT'JUIVER. 

Power  to  preserve   purity  of  water  of "' 

Power  of  Council  relative  to 119>  134>  152 

Bridge  over 


.119,  152 


DICK.     (See  Gaines.) 

Power  to  suppress  gaining  with 13' 

DIRT. 

loo 

In  streets,  etc 

DISABLED  FIREMEN.    (See  Firemen.) 
DISEASES. 

Power  to  prevent  introduction,  etc.,  of 


26 


INDEX. 


DISORDERLY   ASSEMBLAGES.                                                                                                     Section 
Power  to  suppress 1^3 

DISORDERLY   HOUSES. 

Power  to  suppress '35 

DISORDERLY  PERSONS. 

Pow  er  to  punish 135 

Who  to  be  deemed "'" 

Proceedings  against °*4 

May  be  sent  to  House  of  Correction 675 

Poor  Commission  to  aid  families  of,  when 616 

DISTILLERIES. 

Power  to  prevent  erection  of  in  certain  limits 132 

DISTRICT  BOARDS  OF  REGISTRATION.  (See  Registration,  Elections,  Election  Law.) 

How  constituted  and  appointed H 

Duties  of,  etc.,  registering  names *» 

To  correct  registers " 

Vacancies  in 

DISTRICT  ROAD  FUND.     (See  Taxes.) 

Estimates  to  be  submitted 155 

Power  to  raise  and  purpose  of 1™ 

To  be  raised  by  tax.  limitation  of  amount 185 

Surplus  not  to  be  transferred  to  Sinking  Fund 208 

DITCHES. 

12ft 
Proceedings  to  open 1",° 

DOCKS.     (See  Wharves.) 

DOGS. 

Running  at  large,  muzzling  of 1*° 

DOORS. 

Exit  in  public  buildings,  to  swing  outward '  1"* 

DRAINS. 

Lateral,  assessment  rolls  for,  how  made ' " 

Private,  running  into  public  sewers 1~" 

For  low  lands 128 

Power  to  build,  or  to  compel  building  of,  and  to  regulate  constructioi  of 181 

Power  to  assess  expense  of  building 

Power  to  construct  through  private  lands I5" 

DRAYMEN. 

Power  to  license,  regulate,  etc lde 


INDEX.  27 

DRINKING  FOUNTAINS.                                                                                                                               Section 
Board  of  Public  Works  to  have  charge  of 319 

ELECTIONS.     (See   Registration,    Inspector   of   Elections,   Special    Elections,    Election  Laws.) 

Annual,  when  held 18 

Notice  of,  how  given ...  18 

Places  of  holding 18 

Use  of  liquors  where  elections  are  held 18,  816 

Common  Council  to  designate  places  of  holding  (but  see  Election  Laws) 18 

Inspectors  of,   may  change  polling  place,  when 18,  815 

Inspectors  of,  how  elected 19,  777 

Vacancies  in  Board  of  Inspectors  of 19,  777 

Manner  of  electing  Inspectors ; 20,  777 

Chairman  of  Board,  how  appointed 21 

Clerks  of,  how  appointed 21,  778 

Opening  and  closing  of  polls 23,  780,  822 

Women  may  vote,  when 24 

Challenging  vote,  proceedings  on 25,  798,  799,  800 

Voting  more  than  once,  punishment  for 27 

Manner  of  conducting 28 

School  Inspectors  to  be  on  separate  ticket 28 

Canvass  and  return  of  ballots 29,  811,  812,  813 

Separate  poll  lists  for  women 28 

Poll  lists  to  be  delivered  to  City  Clerk 29 

Special,  how  conducted 30 

Plurality  to  elect 31 

If  to  fill  vacancy,  ballot  to  state  what 32 

In  case  of  tie  vote 33 

For  state  and  county  officers 34 

Exempt  from  civil  arrest  on 35 

ELECTION   DISTRICTS.     (See  Election  Laws.) 

How  constituted 5 

At  least  three  in  each  ward 5 

Must  be  of  convenient  size,  limitation  of  voters  in 5,  779 

Inspectors  in,  how  appointed 19,  776,  777 


ELECTION   LAWS. 

Who  to  be  inspectors  of  elections,  number  of 776 

Candidates  not  to  be  inspectors 7  76 

Vacancies  in  Board  of  Inspectors,  how  filled 777 

Clerks  of  election,  how  appointed 778 

Election  districts,  how  limited  and  constituted 779 

Opening  and  closing  of  polls 780,  882 

Ballot  boxes,  how  provided  and  kept 781 

Election  seal,  how  provided .   781 


INDEX. 


1  1   E<   HON    LAWS     Continued.  Section 

Ballot  boxes  to  be  examined  before  opening  the  polls 782 

Who  to  be  chairman  Of  Inspection  Hoard 783 

Board  of  Election  Commissioners,  how  constituted  and  duties  of 784,  785 

Stale  committees  of  political  parties  to  furnish  vignette,  etc 786,  787 

I'mlI  copy  of  ballot  to  be  filed  with  County  Clerk 786 

Proof  copy  of  ballot,  with  vignette  and  heading,  to  be  filed  with  Secretary  of  State 787 

Constitutional  amendments  to  be  certified  by  Secretary  of  State 788 

Printing  of  names  on  ballot,  etc,  form  of 789 

Constitutional  amendments,  how  printed 789 

Position  of  tickets  on  ballot 789 

Si/e  and  quality  of  ballots 789 

Arrangement  of  ballots  to  conform  to  printed  form 789 

Pasters  to  be  provided  upon  death,  removal,  etc.,  of  candidate 790 

When  name  may  be  printed  in 790 

Unlawful  to  use  other  than  official  ballot 791 

Candidates  may  procure  fac   similes  to  be  printed  on  red,  yellow  or  blue  paper  for  pur- 
poses of  instruction 791 

Number  of  ballots  to  be  provided 792 

Ballots,  stamps,  etc.,  how  paid  for 792 

Constitutional  amendments,  how  voted  on ' 793 

Duty  of  chairman  of  Inspectors  to  procure  ballots 794 

Ballots  for  voting  precincts,  how  put  up  and  sealed,  etc 794 

When  packages  of  ballots  for  voting  districts  to  be  opened 794,  795 

When  Election  Commissioners  shall  send  ballots  to  voting-  districts 795 

Voting-  room  or  booths  to  be  provided  with  railing,   gates,  etc 796 

Entrance  to  be  in  charge  of  gate  keeper 79fi 

Who  allowed  inside  of  railing  in  voting  booths 796 

How  ballots,  opened,  marked  and  delivered  to  electors 797 

Rights  and  powers  of  challengers 798 

Challengers  to  have  privilege  of  remaining  during  counting  of  votes 798 

Challenge  of  voters,  how  made 799 

Form  of  oath  of  voter,  when  challenged 799 

False  oath  of  voter  to  be  Der jury 799 

Dutv  of  Inspector  to  challenge 800 

Manner  of  voting,  marking  of  ballots,  etc 8nl 

When  two  or  more  persons  elected  to  the  same  office,  how    ballots  marked ' 801 

I  low  to  vote  for  candidates  not  on  ticket 801 

How  to  vote  for  candidates  not  on  ballot , 801 

How  to  fold  ballot,  etc S01 

Cannot  vote  if  ballot  exposed 801 

Poll  lists  to  be  compared ' 802 

Method  of  locking  and  sealing  ballot  boxes 803 

Who  to  take  the  keys  of  boxes 802 

Opening  of  boxes  after  intermission 80) 

Who  to  distribute  ballots 805 

Secretary  of  State  shall  furnish  printed  instructions  to  voters 806 

Printed  instructions  to  voters  to  be  hung  in  each  voting  compartment 806 

Instructions  to  voters  to  be  printed  in  foreign  language 806 


INDEX.  29 

ELECTION  LAWS— Continued.  Section 

Voting  by  incapable  persons,  how  dene 807 

Unlawful  to  influence  voter ; 808 

Spoiled  ballot,  voting  for  more  than  one  person 809 

Inspection  Board  to  preserve  unused  ballots 810 

Canvass  of  votes,  how  conducted 81 1 

Manner  of  counting  votes 811 

What  ballots  to  be  void 811 

Disposition  of  ballots,  boxes,  etc 812 

Result  of  canvass  to  be  publicly  declared 813 

Statement  of  result  to  be  made  in  duplicate  and  signed 813 

Powers  and  duties  of  gate  keepers S14 

Penalty  for  interfering  with  gate-keepers S14 

Gate-keepers  not  to  assist  electors 814 

Candidates  not  to  be  gatekeepers 814 

Gate-keepers  to  receive  two  dollars  per  day 814 

Elections  not  to  be  held  in  saloons 815 

Wher  polling  places  ma}'  be  changed  by  inspectors 815 

How  notice  of  change  given 815 

Penalty  of  bringing  liquors  into  voting  booths 816 

Length  of  time  voter  may  remain  in  booth 817 

Unlawf nl  for  candidate  to  furnish  monev  or  entertainment  to  electors 818 

Candidates  must  make  and  file  sworn  statement  of  expenses 819 

Violation  of  election  laws  to  be  a  felony 820 

Penalty  for  violation  of  election  laws S20 

ELECTORS.     (See  Election  Laws,  Elections.) 

Sick  or  absent 12,     [5 

Must  make  personal  application  for  registration 12,     13 

Qualifications  of 24 

When  women  may  vote '. 24 

Challenging  vote  of 25,  798,  799,  800 

Punishment  for  false  sweai  ing 2ti,  799 

Xot  subject  to  arrest  on  civil  process  on  election  day 35 

ELEVATORS, 

How  must  be  constructed 713,  714 

EMBEZZLEMENT. 

Of  public  property  by  officers 214 

ENCROACHMENTS. 

On  street-,  and  alleys,  power  to  prohibit 127 

ENGINEER.     (See  City  Engineer.) 
ENGINE-HOUSES. 

Fire  Commissioners  to  tun  struct,  maintain  and  have  control  of 337,  338 


IN  HEX. 


1    \  i  .  I  \  I  Section. 

Fire  Commissioners  to  provide  and  have  control  of 337,  338 

Fire,  to  have  right  of  way  to  fire 343 

ENGLISH  1    VNGUAGE. 

Officers  must  be  able  to  read  and  write 44 

Jurors  in  street  opening  cases  must  be  able  to  read  and  write 733 

ENTERTAINMENT  FUND. 

Limitation  of,  how  raised 222 

ESTIMATES. 

Council  may  order  officers  to  make 88,  ~04 

Controller  to  make  annual 155 

Council  may  alter  or  revise 155 

Not  to  exceed  taxes  authorized  by  charter 155 

Council  shall  adopt  on  or  before  April  5th 155 

To  be  finally  adopted  by  April  15th 15S 

Council  shall  cause  final  estimates,  to  be  levied  by  tax 159' 

Must  be  approved  by  Board  of  Estimates 159 

ES  I  1  MATES,  BOARD  OF. 

How  elected  and  constituted 156 

Clerk  to  give  notice  of  election  of 15b 

Ex-officio  members  of 15i 

Qualifications  of  members  of 15' 

Oath  of  office  of 157 

Compensation  and  officers  of 15' 

City  Clerk  to  be  secretary  of 15' 

Annual  meeting  of,  when  held 15 ■ 

Adjournments  of,  meetings  of 157 

Cannot  adjourn  later  than  April  15th 157 

May  inspect  books  and  papers  of  officers  and  boards 15" 

Estimates  of  amounts  of  money  necessary  to  be  raised  to  be  submitted  to 153 

When  estimates  to  be  submitted  to 158 

Mav  disapprove  or  cut  down  estimates  submitted 158 

Other  powers  and  duties  of 158,  159 

Votes  of  to  be  recorded  by  yeas  and  nays 159 

Shall  make  statement  of  all  estimates  approved - 159 

Shall  transmit  approved  estimates  to  Common  Council 159 

EVIDENCE. 

Of  title,  power  to  provide  for  perpetuation 144 

Of  regularity  of  proceedings,  certain  conveyances  to  be l'« 

Of  regularity,  assessment  rolls,  etc.,  to  be 180- 

Of  right  to  enter  and  possess  land,  when  treasurer's  certificate  to  be 745 

EXECUTIONS. 

When  to  issue  on  judgment  on  recognizances 241 


INDEX.  31 

-EXEMPTIONS.  Section. 

Of  firemen  from  military  and  jury  duty 345 

Of  policemen  from  arrest  and  jury  duties 588 

EXHIBITIONS. 

Indecent,  power  to  prevent.   123 

Power  to  license  and  regulate 139 

EXPENSES.     (See  Costs  and  Expenses.) 
EXPLOSIVE  SUBSTANCES. 

Power  to  prevent  manufacture  of  and  to  regulate  storage  of 132 

EXPRESS  COMPANIES, 

Power  to  regulate  runners,  agents,  etc.,  of 124 

EXPULSION. 

Of  officers  from  office 53 

From  office,  vacates  office 56 

FACTORIES. 

Power  of  Council  over  starch,  soap,  glue,  etc 132 

FAST  DRIVING. 

In  streets,  power  to  prevent 122 

FEES.     (See  Compensation.) 

To  be  paid  to  Treasurer 69 

Officers  to  make  report  of  to  Controller 69 

Not  to  be  taken  as  compensation 69 

Officers  not  to  take  for  administering  oath 83 

Of  officers,  power  of  Council  to  regulate 118 

Of  jurors  and  witnesses 14V,  747,  767 

Of  stenographer  of  Recorder's  Court 274 

FEMALES. 

When  to  be  sentenced  to  House  of  Correction C05,  607,  616 

Transfer  of  in  State  Prison  to  House  of  Correction „ 613 

Not  more  than  15  years  old  may  be  sent  to  House  of  Correction  until  21  years  of  age 629 

Under  15  years  of  age  may  be  sent  to  the  House  of  Shelter 620 

Sentence  under  15  years  of  age 631 

May  be  discharged  when    under  15  years  of  age 632 

F  ENCES. 

I   ns.ife,  barbed  wire,  etc.,  Council  may  order  removed 85 

Power  l"  remove  when  encroaching  on  streets 127 

Partition,  power  to    regulate  construction  of 133 

Sale  of,  in  street  opening  eases 746,  773 

I    I.IMMl.-. 

I   cil    may    license  and   control 119 


i\i>i<:\. 


I  [NAN<   ES.  Section 

Controller  to  take  general  supervision  of 76- 

Common   Council   to  have  control  of Ill 

Controller  to  give  information  to  council    respecting- 208 

FINES  AND  PENALTIES.     (See  Misdemeanors.) 

Power  to  impose 142 

Duty  of  City  Attorney   relative  to 252 

Clerk  of  Recorder's  Ccrtfrt  to  make  report  of 252,  273 

Imposed  on  defaulting;  jurors 268- 

Fire  Commissioners  may  sue  for 346- 

For  refusing  to  serve  as  School  Inspectors 479 

Persons  may  be  committed  in  default  of  payment  of 658 

Imposed  in  Police  Court  to  be  paid  to   Treasurer 662 

FIRE-ARMS  AND  FIRE- WORKS. 

Power  to  prohibit  or  regulate  use  of 123- 

FIRES. 

Power  to  provide  for  prevention  of , 122 

General  regulations  and  safe  guards 132 

Powers  of  officers  at 133 

Fire  Commissioners  to  have  exclusive  power  to  extinguish 336 

Fire  engines  to  have  right  of  way  to  and  back 343 

Fire  Commissioners  may  sue  for  tines  imposed  for  prevention  of 346 

Fire  Marshal  to  repair  to 356 

Marshal  to  investigate  and  report  causes  of 360 

FIRE  COMMISSIONERS,  BOARD  OF, 

How  appointed 37,  331 

How  removed 332 

Qualifications  of  members  of 333 

How  organized 334 

Powers  and  name  of 33& 

To  perform  all  duties  for  the  maintenance  of  Fire  Department  and  to  have  exclusive  con- 
trol of  extinguishment  of  fires 336 

To  provide  all  necessarv  apparatus 337 

To  have  control  of  all  property  pertaining  to  Fire  Department 338 

Office  of,  how  vacated 339 

To  make  annual  estimates  to  Council 340 

Moneys  of,  how  paid 341 

To  furnish  offices,  etc 342 

Shall  appoint  chief,  assistant  engineers,  etc.,  and  fix  salaries  of  the  same 342 

Not  to  be  more  than  twelve  men  to  each  engine  or  hook  and  ladder  company 342 

Fire  Department  to  have  right  of  way  to  fires 343 

All  fire  apparatus,  implements,  tools,  etc.,  to  lie  tranf erred  to 344 

To  receive  no  compensation 345 

Eegal  rights  and  powers  of *.....   346 

May  have  common  seal  and  maintain  suits  for  enforcement  of  its  rights  and  contracts...  346 


INDEX. 


33 


FIRE  COMMISSIONERS,  BOARD  OF— Continued.  Section 

All  cisterns  and  hydrants  to  be  transferred  to 347 

May  send  fire  engines  to  other  eommunities 347 

May  adopt  rules  and  regulations,  and  enforce  the  same 350 

Shall  make  annual  reports  to  the  Common  Council 351 

Books  of,  open  to  inspection 353 

May  appoint  Fire  Marshal  and  assistants  by  and  with  the  consent  of  the  Council 355 


Duties  of  Fire  Marshal . 


356 


May  purchase  property  for  the  use  and  benefit  of  the  Board 357 

May  institute  condemnation  proceedings  of  private  property 355 

Powers  of,  relative  to  erection  of  buildings 353 

May  issue  permits  and  charge  fees  for  the  same 353 

Powers  and  duties  of  Fire  Marshal  relative  to  erection  of  buildings 359 

Fire  Marshal  to  examine  into  origin  of  fires 3(50 

Fire  Marshal  to  inspect  shops,  warehouses,  etc 3gj 

Common  Council  may  extend  fire  limits 3go 

May  enforce  certain  ordinances,  and  call  upon  police  to  assist 363 

Monthly  and  other  reports  of 3g4 

Reports  of  Fire  Marshal 3gs 

May  place  certain  firemen  on  retired  list 357 

Limitation  of  salaries  of  retired  firemen 307 

Provisions  relative  to  pensions  to  families  of  firemen  killed 368 

To  report  names  of  retired  firemen  to  Controller 369 

Shall  keep  list  of  retired  firemen,  etc 37O 

Council  shall  levy  tax  for  payment  of  pensions 371 

Establishment  of  Fire  Department  Retired  and  Pension  Fund 371 

Payment  of  pensions,  how  made 372 

Pensions,  pensioners  to  take  oath 373 

Time  of  payment  of  pension 374 

FIREMEN. 

Retirement  of  aged  and  disabled 307 

Salaries  of  aged  and  disabled 3g7 

Limitation  of  salary  to og~ 

Pensions  to  families  of  firemen  killed 3gg 

Names  on  retired  list  to  be  reported  to  Controller 3g9 

Controller  to  register  names  of  disabled 309 

Commissioners  to  keep  lists  of  retired  firemen 37Q 

Pensions  to,  how  paid ■>-..> 

Pensioners  to  take  oath 3-3 

Pensioners,  when  paid 374 

FIRE  COMMISSIONERS  FUND. 

Power  to  raise 103 


340 


How  constituted 

I  low  paid  out 340>  341 

FIRE  DEPARTMENT  FUND. 

Estimates  for jgjj 

For  what  purpose  raised 133 

Power  to  raise  by   tax jg^ 


34 


INDEX 


I  IK  K   ESCAPES.  Section 

Certain  buildines  to  be  pro\  ided  with 714 

FIRE  LIMITS. 

Power  of  Council  to  fix 122,  W~ 

FIRE  MARSH  VL. 

How  appointed,  term  and  salary  of 355 

in  be  vested  with  police  powers ■'>.">."> 

Other  powers  and  duties 350,  357,  358,  359,  860,  361 

Keports  of 365 

FISCAL  YEAR. 

When  shall  end 803 

I  [SH. 

Power  to  prevent  sale  of  unsound 1313 

Power  to  inspect,  and  license,  and  regulate  sale  of 140 

FLOUR. 

Power  to  inspect 140 

FORESTALLING. 

Power  to  prohibit 1~9 

FOREIGN  LANGUAGES. 

Public  printing  in,  limited  in  price  and  amount 106 

FOUNDRIES. 

Power  to  regulate  construction  and  management  of 132 

FREEMEN'S  MEETINGS.     (See  Meetings.) 

FUNDS.     (See  Sinking  Fund.) 

Controller  to  report  when  exhausted 76 

Treasurer  to  keep  separate  accounts  with 78 

Revenues  divided  into,  what 183 

General  purposes  of 183 

Contingent,  purpose  of 183 

Interest,  purpose  of 183 

Sinking,  purpose  of 1S:J 

Fire  Commission,  purpose  of 183 

Poor,  purpose  of 183 

General  Road,  purpose  of 183 

District  Road,  purpose  of 183 

Sewer,  purpose  of , 183 

Street  Opening,  purpose  of 183 

Street  Paving,  purpose  of 183 


INDEX.  35. 

FUNDS— Continued.  Section* 

Public  Building,  purpose  of 183 

Recorder's  Court,  purpose  of 183 

Public  Lighting,  purpose  of 183 

Garbage,  purpose  of 183 

Power  of  Council  to  establish  others 183 

Limitation  of  percentage  of  tax  for 184 

Power  to  raise  additional,  for  special  purposes 187 

Not  to  be  overdrawn  19V 

Council  shall  not  create  liability  against,  greater  than  amount  raised  for  in  each  year 200 

Surplus  in,  how  disposed  of .. . 208 

Moneys  in  not  to  be  transferred  from  one  to  another 209 

Liquor  taxes,  how  disposed  of 209 

May  be  subdivided  by  Controller 209 

GAMES,  GAMING,  GAMING  HOUSES. 

Power  to  suppress 13" 

Power  of  police  relative  to 554 

GAS  AND  GAS  COMMISSIONERS. 

Council  may  appoint  Commissioners,  term  of  office  of 695 

Powers  of  Commissioners 696 

May  appoint  Secretary  and  other  officers 697 

Members  of  Board,  how  removed 698 

Members  of,  not  to  be  interested  in  contracts 699 

May  construct  gas  works,  purchase  lands  and  materials  for  the  same 700 

May  lay  pipes,  make  rules  and  regulations,  fix  the  price  of  gas,  etc 701 

May  make  surveys  of  and  purchase  land 702 

When  may  condemn  lands 703 

May  purchase  works  of  existing  company 704 

Estimates  of  to  be  submitted  to  Common  Council 705 

Board  of  Estimates  to  determine  how  money  for  gas  works  shall  be  raised 705 

When  Commissioners  may  issue  bonds 706 

All  moneys  raised  from  said  bonds  to  be  paid  to  City  Treasurer 707 

Limitation  of  debts  to  be  contracted 708 

Question  of  issuance  of  bonds  to  be  submitted  to  electors 709 

GAS  INSPECTORS. 

How  appointed 38 

GAUGEKS. 

Power  to  appoint,  etc 140 

GARBAGE. 

Council  mav  contract  for  removal  of 184 

GEESE. 

Power  to  prohibit  running  at  large 125 


36  INDEX. 

Gl   \  I   RAJ     FUND.  Section 

Estimates  Cor 155 

For  \vh;it  purpose  raised 183 

Power  i"  raise  by  tax lKt 

What  moneys  may  be  credited  to 207 

GI  \KK.\I,  ROAD  FUND. 

Estimates  for 165 

For  what  purpose  raised 183 

Power  to  raise  by  tax 184 

Costs  of  intersections  to  be  paid  out  of 317 

Grading  and  paving  intersections  to  be  paid  out  of 120 

GERMAN  LANGUAGE. 

Council  may  order  notices  of  tax,  be  published  in 172 

GLUE  FACTORY. 

Power  to  abate 130 

Power  to  prohibit 132 

GOATS. 

Power  to  prevent  running  at  large 125 

GOODS. 

Power  to  prevent  crying  of  in  streets 133 

GRADING.     (See  Highways,  Streets.) 

GROCERIES. 

Power  to  compel  owner  to  clean 130 

Power  to  license  keepers  of 138 

GROSS  DEBT  OF  CITY. 

Amount  of,  limited 189 

HABEAS  CORPUS. 

Recorder  may  grant  writ  of 244 

Circuit  Court  Commissioners  shall  not  grant  writs  of 624 

Who  may  grant  writs  of 625 

When  persons  shall  not  be  released  from  custody  by 626 

What  courts  may  inquire  into  on 626 

HACKMEN. 

Power  to  regulate  and  license 124,  138 

HACKS.     (See  Vehicles.) 


index.  37 

HALLS.  Section 

Inspection  of "14 

Exit  doors  of,  to  swing-  outward 715 

Chairs  not  to  be  placed  in  aisles 715 

HARBOR  MASTERS. 

How  appointed 119 

Powers  and  duties  of 119 

Police  Commissioners  may  appoint 548 

HAWKERS. 

Power  to  license  and  regulate 139 

HAY. 

Power  to  designate  and  regulate  places  for  sale  of 124 

Power  to  inspect 140 

HEADING. 

Power  to  inspect 140 

HEALTH.     (See  Board  of.) 

Power  to  provide  for  preservation  of 130 

Public,  duty  of  police  relative  to 548 

HEARTHS. 

Power  to  regulate  construction  of 133 

HIGHWAYS.     (See  Streets,  Opening  Streets  and  Alleys.) 

Power  to  grade,  improve,  pave,  open,  widen,  repair,  ete 121 

Expenses  of  same,  how  paid 121 

Power  to  clean,  prevent  encumbering  of,  etc 122 

Power  to  survey  and  ascertain  boundaries  of 127 

Council  may  levy  tax  for  paving,  grading,  etc 188 

Power  to  clean,  etc.,  by  contract 319 

Board  of  Public  Works  to  superintend  working  of 319 

HIGHWAY    TAXES.     (See  Taxes,  Road  Fund.) 

Power  to  assess  and  levy 183 

HOGS. 

Power  to  restrain  running  at  large 125 

HOISTWAYS. 

How  to  be  constructed 714 

HORSES. 

Power  to  compel  fastening  in  streets 122 

Power  to  restrain  running  at  large 125 


38 


HOSPITAL.                                                                                                                                             Section 
Power  to  maintain 189 

HO  ll'.I.. 

Pow  er  to  regulate  runners  of  and  to  license 188 

Inspection  of 71$ 

HOWELL  PLANK  ROAD.     (See  Plank  Road  Companies.) 

HOUSE  OF  CORRECTION. 

Inspectors  <>f,  how  appointed 37,  590 

Power  to  maintain 129 

Hoard  of  certain  prisoners,  how  paid 254 

General  laws  of  State  relative  to  safe  keeping  of  prisoners,  applicable  to 256 

Purpose  of 595 

Inspectors  of,  how  appointed 596 

Officers  of,  how  appointed 597 

Superintendent,  salary  of .• 597 

Meetings  of  Board  of  Inspectors  of 598 

Records  of,  open  to  inspection 598 

Records,  how  kept 599 

Accounts,  statements  and  reports  of 599 

Powers  and  duties  of  superintendent  and  deputy  superintendent 601 

May  contract  for  keeping  criminals 60'2 

Duty  of  certain  courts  to  sentence  criminals  to 603 

Sheriff  to  convey  certain  convicts  to 604 

Fees  of  sheriffs  and  officers  in  conveying  convicts  to 604,  606 

State  Prison  Inspectors  may  contract  with 605 

Compensation  for  maintenance  of  prisoners 605,  617 

When  females  may  be  sent  to 607,  616,  617 

Expenses  of  maintaining,  how  provided 608 

May  contract  with  Wayne  County  to  keep  prisoners 610 

Courts  and  Magistrates  in  Wayne  County  to  sentence  to,  when 610 

.    Officers  of  Wayne  County  to  convey  prisoners  to 610 

Police  and  other  Magistrates  to  commit  to,  when 611 

Punishment  for  escape  from 612 

Transfer  of  females  from  State  Prison 693 

Superintendent  to  keep  record  of  infractions  of  rules,  etc 614 

Claims  for  board  of  prisoners,  how  adjusted 615 

Duty  of  Superintendent  of,  to  receive  convicted  females B16,  617 

Persons  may  be  committed  to,  in  default  of  bail 618 

Persons  sentenced  to,  by  the  United  States  Courts 619 

General  laws  relative  to  State  Prison  to  apply  to 620 

Prisoners  from  other  States,  etc.,  not  to  be  confined  in 622 

Free  labor  not  to  be  employed  in 623 

Common  prostitutes  may  be  confined  in 627 

Inspectors  of,  may  make  rules  for  condition  of  release  or  discharge  of  females  from 625 

Girls  under  16  may  be  sent  to 629,  630,  631,  632 

Girls  under  15  may  be  sent  to  House  of  Shelter 630 

Superintendent  shall  make  annual  report  to  Governor 633 


INDEX.  39 

HOUSE  OF  CORRECTION— Continued.  Section 

Forms  of  commitment  to 1334 

Prisoners  may  be  transferred  to,  from  jail,  when 635,  636 

Persons  may  be  sent  to,  first  offense 631 

Persons  convicted  of  violations  of  village  ordinances  may  be  sent  to 638- 

Inspectors  of,  may  contract  with  the  United  States 640 

Disorderly  persons  may  be  confined  in 641 

HOUSE  OF  CORRECTION  BOARD  OF  INSPECTORS 

How  appointed  and  term  of  office  of 37,  596 

May  adopt  rules,  appoint  Superintendent  and  other  officers 597 

Cannot  appropriate  money  except  for  expenses 597 

Shall  serve  without  compensation 598 

Meetings  of 598 

Shall  meet  once  in  three  months  at  House  of  Correction 598 

May  make  rulrs  relative  to  women  confined  in  House  of  Correction 628 

May  contract  with  the  United  States 640 

HOUSE  OF  CORRECTION,  SUPERINTENDENT  OF, 

Bond  of 61 

How  appointed,  term  of  office  of 597 

To  appoint  subordinate  officers 597 

To  have  control  of  and  reside  at  Hon:  e  of  Correction 601 

Power  of  deputies 601 

To  keep  record  of  infractions  of  the  rules  of  discipline 614 

To  receive  persons  committed  to  House  of  Correction 616,  617,  618,  619,  629 

To  make  annual  report  to  Governor 630 

HOUSES  OK  ILL-FAME. 

Power  to  suppress  keepers  of 135 

Power  of  police  relative  to '. 554 

HOUSE  OF  SHELTER. 

Girls  under  15  to  be  confined  in 630 

HUCKSTERS. 

Power  to  license,  regulate  or  suppress 139 


HYDRANTS. 

Fire  Commissioners  to  provide 337 

Transferred  to  Fire  Commissioners 347 

ICE  AND  SNOW. 

Power  to  compel   cleaning  sidewalks  of 122 

IMPEACHMENT. 

Of  Recorder 5? 


I" 


IMPRISONMENT.  Section 

For  violation  >>t  charter  or  ordinances M*i  255 

INDECENT  EXPOSURE. 

Of  persons,  paintings,  etc 1~» 

At  bathing  places 1^4 

INDICTMENT. 

Power  to  prosecute  bv 239 

INFORMATIONS. 

Power  to  prosecute  by 240 

Form  of <•"" 

INSPECTION. 

Of  bread,  wood,  lumber,  coal,  hay,  vegetables,  oils,  liquors,  etc 140 

Of  weights  and  measures  by  city  sealer 140 

Articles  going  out  of  State  not  subject  to, 140 

Of  buildings 548>  'ri3 

INSPECTORS. 

Power  to  appoint  and  prescribe  duties  of 140 

INSPECTORS  OF  ELECTION,  BOARD  OF     (See  Election  Laws.) 

Board  of  Registration,  ex-officio 21 

Vacancy  in  office  of  chairman  of 21 

Other  vacancies,  how  filled - 21,  1 17 

May  administer  oaths ■ 22,  25,   1 99 

May  appoint  clerks,  etc 21,   1 18 

Ballot  boxes  to  be  furnished  to 22,  782 

May  administer  oaths  to  persons  challenged 25,   1 99 

To  certify  returns  of  election 29,  813 

One  of  to  be  member  of  Board  of  City  Canvassers *9 

INSPECTION  OF  BUILDINGS.     (See  Buildings,  Building  Inspectors.) 

INTELLIGENCE  OFFICE. 

Power  to  license  and  require  bond 1~~ 


INTEREST 


On  unpaid  taxes 1'" 

On  redemption  from  tax  sale 1'" 

On  public  moneys  Council  may  contract  for 205 

On  public  moneys  to  be  credited  to  Sinking  Fund 205 

On  bonds  issued  by  Board  of  Education 489 

On  bonds  issued  by  Water  Commissioners 508,  536,  537,  538,  539,  540 


INDEX. 


41 


INTEREST  FUND. 

For  what  purpose  raised 

Power  to  raise  by  tax 

Power  to  raise  tax  for  deficiency  in . 


Section 


INTOXICATING  LIQUORS. 

Power  of  Council  relative  to. 


JAIL. 


Power  to  build 

Power  to  imprison  in *• 

General  laws,  relative  to  prisoners  to  aoply  to  prisoners  in . 
Clerk  of  Recorder's  Court  to  report  number  of  sentences  to. 
Police  to  convey  prisoners  to  and  from 


JURY  COMMISSIONERS.     (See  Public  Acts  of  1893.) 

To  furnish  a  list  of  persons  to  act  as  jurors  in  Recorder's  Court 

To  furnish  a  list  of  300  names  of  persons  to  act  as  jurors  in  Police  Court. 


JURY. 


183 
187 

187 


136 


....  129 
142,  255 
....  256 
....  273 
....  575 


260 
663 


To  consider  the  necessity  of  drainage 

Council  to  fix  fees,  etc.,  in  certain  cases 

Right  of  trial  by 

List  of,  to  be  filed  in  Recorder's  Court 

Ballots,  how  folded,  etc 

Old  ballots  to  be  destroyed 

Notice  of  drawing  of,  in  Recorder's  Court 

Judge  and  Sheriff  to  witness  drawing 

Method  of  drawing 

Minutes  of  drawing  to  be  made  by  clerk 

Venire  facias,  how  issued 

Service  of  writ  of  venire  facias,  how  made 

Fines  for  non-attendance  of 

When  Court  may  order  further  number  drawn 

When  Court  may  order  talesmen 

How  drawn,  in  cases  of  condemnation  of  Und  by  Park  and  Boulevard  Commissioners.. . 
To  determine  necessity  of  taking  lands,  in  Boulevard  condemnation  cases,   and  to  award 

compensation  for  land  taken 

Challenges  of,  in  Boulevard  condemnation  cases 

Verdict  of,  in  Boulevard  cases 

To  have  use  of  maps,  etc.,  in  Boulevard  cases 

Qualifications  of,  in  street  opening  cases 

Drawing  and  challenge  of  in  street  opening  cases ^35, 

Oath,  etc.,  of,  in  street  opening  cases '™> 

To  determine  necessity  of  opening  streets,  etcs '"'• 

Shall  award  damages  in  same ""• 

Form  of  verdict  in  same '""• 

Objections  to  report  of  and  proceedings  on '•'  • 

Compensation  of  in  street  opening  cases 


17, 


128 
147 
259 
260 
261 
262 
263 
264 
265 
266 
266 
267 
268 
270 
272 
443 

443 
443 
444 
445 
733 
756 
757 
758 
758 
759 
760 
'6^ 


42  INDEX. 

I'liV    BOX.  Section 

1  low  and  what  names  to  be  put  in 261 

Old  ballots  in,  to  be  destroyed 262 

When  and  how  many  jurors  to  be  drawn  from 263 

Names  of  defaulting  jurors  to.  be  returned  to 269 

Proceedings,  when  insufficient  number  of  names  remain  in 270 

JURY  LISTS      (SeePublic   Vets  1898.) 

To  be  furnished  to  Recorder's  Court  by  jury  commissisonrs 260 

To  be  furnished  to  Police  Court  by  jury  commissioners 663 

JURY  TRIAL. 

To  be  according  to  laws  of  the  State 258 

JUSTICES  OF  THE  PEACE.     (See  Justice  Courts  of  Detroit.) 

I'STICES  COURTS  OF  DETROIT. 

May  sentence  to  House  of  Correction 611 

Election,  term  of  office  of,  and  powers  of 36,  678 

To  be  four  justices 678 

Jurisdiction  and  powers  of 678 

Wayne  County  Auditors  to  provide  rooms  and  supplies  for 679 

Salary  of  Justices  of 680 

Hours  of  office  of 680- 

Deputy  clerks  of,  salaries,  powers  and  duties  of 681 

List  of  Jurors  to  be  kept 681 

Costs  in,  limitation  of 682 

Costs  in,  when  may  be  waived 682' 

When  to  have  exclusive  jurisdiction 683 

Fees  of  Justices  in 684 

Service  of  summons 685- 

Jurisdiction  of  Justices  in  Wayne  County 687 

KITES. 

Power  to  prevent  flying  of 12£ 

LAMP  POSTS. 

Board  of  Public  Works  to  have  charge  of 319 

LAMPS. 

Power  to  provide  for  erection  of 122 

Power  to  regulate  use  of  in  barns,  etc 132 


LARD. 


Power  to  regulate  rendering  of 132 

Power  to  inspect 140 


INDEX.  43 

LAW  DEPARTMENT.  Section 

How  constituted 296 

Council  shall  provide  offices,  etc.,  for 296 

City  Counselor,  how  appointed 29 1 

Term  of  office  and  qualifications  of 297 

Counselor  and  Attorney  to  give  bonds 298 

Salary  of  Counselor 299 

Powers  and  duties  of """ 

Counselor  shall  be  the  head  of 300 

Shall  furnish  opinions  when  required 301 

Assistants,  etc.,  how  appointed  and  duties  of 302 

Books  of,  to  be  delivered  to  successors  in  office 803 

Counselor  shall  make  annual  report 304 

Officers  and  Boards  not  to  employ  attorneys 30o 

To  give  advice  to  officers  and  boards 305 

Police  Department  to  furnish  detectives  to 306 

Papers  and  process  to  be  delivered  to  Counselor 307 

Counselor  may  appeal  causes 30 1 ,  308 

City  not  required  to  furnish  appeal  bond, 308 

LEASE. 

Of  corporate  property,  Controller  to  report 76 

Treasurer  to  have  custody  of '8 

Of  public  property,  power  to  make H>  120 

LEGISLATIVE  POWER. 

Of  city  vested  in  Common  Council 89 

LEVY. 

For  personal  taxes  may  be  made  upon   personal  property 171,  182 

LIBRARY. 

Fines  for  refusing  to  act  as  School  Inspectors  go  to  use  of 479 

r'ower  to  maintain 486 

Power  to  tax  for •  486 

Power  to  erect  building  for 487 

Power  to  issue  bonds  for  building 487 

Moneys  from  sale  of  bonds  to  be  paid  to  Treasurer  of  Board  of  Education 487 

Power  to  issue  bonds  for  enlarging  library  building >"'-' 

Proceeds  of  bonds  to  be  paid  to. City  Treasurer 504 

Same  to  be  credited  to  Public  Library  Building  fund 504 

LICENSES. 

Mayor  may  suspend  or  revoke 84 

May  be  countersigned  by  clerk 8< 

Of  bath  houses 134 

l  )f  -ale  of  liquors ; 136 

Of  keepers  of  billiard  tables  and  pin  alleys 13 1 

Of  keepers  of  hotels,  groceries,  etc 138 

Of  auctioneers,  peddlers,  hawker-,    butchers,  hucksters,  circuses,    theatrical  representa- 
tions, sellers  "f  provisions,  etc 139 

Genera]  provisions  relative  to  issuing 143 

Police  to  collect  all  moneys  due  for 54° 


4-1 


inukx. 


I  \i\s  section 

Of  assessments  for  paving,  grading,  etc 181 

Of  assessments  fur  abating  nuisances 180 

Of  assessments  for  cleaning  cellars,  privies,  etc.,  and  for  buildiag  lateral  sewers 131 

Of  assessments  for  building  sidewalks 145 

Of  freneral  taxes 147 

Of  assessments  for  water  rates 513 

Of  assessments  for  opening  streets,  etc 740- 

LIGHTING  OF  STREETS.     (Sec  Public  Lighting,) 

Council  may  regulate 1~'~ 

LIMITS  OF  CITY & 

LIMITS  OF  WARDS 4 

LIQUORS.     (See  Wines  and  Liquors.) 

LIQUOR  TAXES. 

When  may  be  transferred  from  Contingent  Fund 209' 

LISTS  OF  PROPERTY.- 

'     Assessors  may  demand  of  property  owners 16ti 

I  low  demand  made 166 

LOANS. 

For  public  improvements 189' 

Unauthorized  not  to  be  made 192 

To  meet  current  expenses 193 

Committee  to  negotiate,  how  composed 20b 

To  be  approved  by  Common  Council 206- 

Faith  and  property  of  the  city  pledged  to  secure 213 

May  be  made  by  Board  of  Education,  when 494 

Power  of  Water  Commissioners  to  make 503,  536,537,  538.  539,  540 

LOTTERIES. 

Power  to  suppress  and  punish  managers  of 137,  554 

Power  of  police  relative  to 554 

LUMBER. 

Power  to  inspect 140 

MANURE. 

Lying  in  streets,  power  to  dispose  of 122 

MAPS. 

Council  may  provide  for  preservation  of 144 

MARKET  CLERK. 

1  low  appointed "" 


index.  45 


Section 


MARKETS. 

Clerk  of,   how  appointed ' °" 

Power  to  license  keepers  of  stands  of ....   138 

Power  to  establish,  regulate  and  lease  stalls  of 1*" 

MARSHAL  AND  ASSISTANT  MARSHAL. 

Office  of,  abolished 596 

MARSHES. 

Proceedings  for  drainage  of **" 

MAYOR. 

When  elected,  term  of  office  of 3b 

Nominations  by  must  be  confirmed  by  Council 3i,  96 

May  suspend  or  remove  Constables •><*■ 

Vacancy  in  office  of,  how  filled °™ 

Powers  and  duties  of '  ^ 

Salary  of ' 

Who  to  be  acting ' ' 

May  administer  oaths °" 

May  issue  process  against  licensees  and  revoke  licenses °4 

May  call  special  meetings  of  Council l^O 

May  veto  ordinances 1"1 

Effect  of  neglect  of,  to  approve  ordinance 102 

To  sign  sewer  bonds I3" 

To  nominate  Board  of  Assessors 162 

May  execute  deeds  and  conveyances,  when 17» 

To  be  members  of  committee  to  negotiate  loans 206 

Members  of  Board  of  Commissioners  of  Sinking  Fund 210 

To  preside  at  meetings  of  Sinking  Fund  Board 211 

To  appoint  City  Counselor 29 1 

To  nominate  Board  of  Public  Works 309 

To  nominate  Fire  Commissioners 331 

To  nominate  Poor  Commissioners 401 

To  nominate  Park  Commissioners ■ 423 

To  nominate  School  Inspectors  to  fill  vacancy 4i8 

To  nominate  Police  Commissioners 51~ 

To  nominate  Inspectors  of  House  of  Correction "96 

To  be  ex-officio  President  Boulevard  Commissioners 466 

May  act  as  School  Inspector 480 

May  inspect  books  of  Fire  Commissioners 353 

May  inspect  books  of  Park  Commissioners 435 

May  veto  proceedings  of  Board  of  Education  in  certain  cases 501 

May  inspect  books,  etc.,  of  Police  Commissioners 56 1 

M  EAL. 

Power  to  inspect '40 

MEASURER. 

Power  to  appoint '4*> 


46  INDEX. 

M  I    VS1   RES.  Section 

Powei  to  regulate 140 

Power  of  police  relative  to 548 


Unsound,  power  to  prohibit  depositing  of  in  city 130 

Unsound,  power  to,  prohibit  s:Ue  of 138 

Power  to  inspect 140 

Power  to  regulate  sale  of 148 

MEETINGS. 

Of  Boird  of  Aldermen 99 

Of  Council  to  be  public 108 

Public,  may  be  called  by  Council 147 

Of  Sinking  Fund  Commissioners '-ill 

Of  Board  of  Education 481 

Of  Inspectors  of  I  louse  of  Correction 598 

MENAGERIES. 

Power  to  prohibit  or  license s 139 

MENDICANTS. 

Power  to  restrain  and  punish 135 

-METROPOLITAN  POLICE. 

Commissioners,  powers  and  duties  of 541 

Quorum  of,  of  Commissioners 541 

Commissioners,  how  appointed 542 

Books,  papers,  documents,  etc.,  to  be  transferred 542 

Term  of  office  of  Commissioner 542 

Vacancies,  how  filled 543 

Commissioners  to  take  oath  of  office 544 

Power  to  appoint  officers,  to  make  rules,  etc 545 

President  and  Secretary,  how  appointed 54ti 

Compensation  of  Secretary 546 

President  of  Board,  ex-officio  member  of  Board  of  1  lealth 546 

Board  to  have  entire  conlrol  of  police,  etc 547 

Duties  of  Board  relative  to  preservation  of  the  peace,  sealing  of   weights,  collection    of 

license  moneys,  harbormaster,  city  scavengers,  nuisances,  fires,  etc 548 

Expenses  of  Board,  in  pursuit  of  criminals,  how  paid 548 

Fugitives  from  justice,  may  be  arrested  by 548 

Qualifications,  removals,  promotiens,  compensation,  etc.,  of  police  officers 549 

Officers  of,  not  to  receive  presents,  etc 549 

Officers  of,  not  to  be  interested  in  bail  or  attornev 549 

Complaints  against  and  trial  of  officers , 550 

Rewards,  fees,  etc  ,  how  disposed  of 551 

Disabled  policemen,  how  cared  for 552 

Superintendent  of,  powers  and  duties 553 

To  serve  subpoenas,  etc 553 


INDEX.  47 

. / 

METROPOLITAN  POLICE-Continued.  Section 

Persons  arrested  by,  not  to  be  held  more  than  six  days 55a 

Duties  of,  relative  to  gaming  houses,  houses  of  prostitution,  lotteries,  etc 554 

City  shall  be  divided  into  precincts 555 

Orders  and  regulations  to  be  promulgated  through  Superintendent 555 

Board  may  appoint  special  policemen 556,  557 

Compensation  of  special  oolicemen 556,  557 

Resignations  of  policemen 558 

Deposit  and  caie  of  stolen  property 559 

Unclaimed  property,  how  disposed  of 559 

Board  shall  keep  complaint  books,  etc 559 

Shall  keep  records  of  members  of  police  force 559 

Shall  provide  station  houses,  for  care  of  persons  under  arrest 560 

Officers  in  charge  of  station  to  make  reports  of  arrest 560 

Shall  provide  accommodations  for  detained  witnesses 560 

Persons  arrested  by,  entitled  to  give  bail  for  appearance 560 

Expense  of  criminal  process  to  be  a  city  charge 561 

Board  to  submit  annual  estimates 562; 

Moneys  from  Police  Fund  to  be  paid  only  on  warrants 563: 

\VI  at  expenses  may  be  incurred  by  Board 564 

Board  shall  enforce  city  ordinances 565 

May  issue  subpoenas  and  administer  oaths  and  compel  attendance  of  witnesses 565 

May  require  officers  to  give  bonds  and  take  oath  of  office 566 

Superintendent  shall  make  quarterly  reports 567 

Board  to  report  to  Common  Council  in  April  in  each  year 567 

Members  of  Board  and  police  force  exempt  from  jury  duty  and  from  arrest  on   civil    pro- 
cess while  on  duty 568 

Personal  violence  to  policemen  while  on  duty  to  be  a  misdemeanor 569 

Commissioners  may  be  removed  by  Governor 570 

Commissioner  accepting  nomination  for  office  shall  be  deemed  to  vacate  office 571 

Council  directed  to  levy  taxes  for  police  estimates 572 

Powers  and  duties  of  Deputy  Superintendent 573 

Polieemen  forbidden  to  enter  saloons 574 

Police  to  serve  criminal  process  and  to  attend  criminal  courts 575 

Office  of  Marshal  abolished 576 

Bail  of  persons  committed  to  House  of  Correction 577 

Prosecution  of  forfeited  bail 577 

Disorderly  conduct,  defined 579 

Proceedings  relative  to  burglar's  tools 579 

When  persons  bound  Over  to  Recorder's  Court 580 

Bail  for  appearance 580,  581 

Shall  serve  process  of  Police  Court 648 

MISDEMEANORS. 

Taking  liquors  into  polling  places 18,  816 

Of  Election  Inspectors ~9 

Bribery  of  Aldermen  made 48 

Refusal  to  deliver  over  books  and  papers 81,  123 

Resisting  Harbormaster 119- 


18 


INDEX 


MISDEMEANORS     Continued.  Section 

Erribe  public  property  punished  as 214 

Injuring  public  lighting  machinery 295 

i;<  i  using  right  of  w  ay  to  firemen 343 

Violation  of  rules  of  Board  of  Health,  to  be 383,  3S5,  38!» 

Sale  nf  impure  milk  to  be 895,  899 

Refusing  inspection  of  milk  to  be 400 

Polluting  water  :mcl  injuring  Water  Works 5*0 

Violence  upon  policemen  or  upon  elector  while  attending  polls  or  impersonating  a  police- 
man to  be 5,i0 

Officer  obeying  order  of  Circuit  Court   Commissioner,   discharging  a  person  on   habeas 

corpus,  to  be "24 

Violation  of  building  inspection  laws  to  be ' -~ 

MORTGAGES. 

Treasurer  to  be  charged  with  amount  of ' ' 

Treasurer  to  have  custody  of '" 

May  be  executed  by  Council  for  purchase  money 129 

Affected  by  opening  streets,  etc.,  how  damages  awarded : 737 

\i  USES. 

Disorderly,  power  to  prohibit I" 

NOTARY  PUBLIC. 

Aldermen  may  hold  office  of 45 

NOTES. 

Treasurer  to  be  charged  with  amount  of *<j 

Treasurer  to  have  custody  of ™ 

NOTICES. 

Of  meetings  of  Board  of  Registration 1* 

Of  annual  and  special  elections ^ 

To  officer  of  his  election  or  appointment 65 

Of  suspension  of  license °4 

Of  special  meeting,  clerk  to  give 100 

Of  meeting  of  Assessors  to  review  tax  roll 167 

By  Receiver  of  receipt  of  tax  rolls,  etc l'O 

Of  sale  for  taxes 1"1.  I72 

Of  completion  of  assessment  roll 219 

Of  election  of  Recorder 231 

Of  election  to  rill  vacancy  in  office  of  Recorder 232 

Of  drawing  of  jurors  in   Recorder's  Court 263 

NUISANCES. 

Power  of  Council  relative  to 1"0 

In  streets,  to  be  removed  by  Police 458 


49 


Section 
-OATHS. 

19 

Inspectors  of  Election  to  tafce 

Clerks  of  Election  to  take " '  " ' "   „flg 

Inspectors  of  Election   may  administer ■  •  •     ' 

False,  before  Election  Board  to  be  deemed  perjury '   ' 

49,     50 

Of  office,  officers  to  take 

Of  office,  when  to  be  filed  with  or  taken  before  City  Clerk •> 

Of  office,  neglect  to  take,  vacate  office • 

Of  office,  Clerk  to  report  persons  neglecting  to  take ■ 

What  officers  may  administer 

....  lib 

Chairman  of  committee  may  administer 

Informations  and  complaints  to  be  verified  by 

Of  office,  Fire  Commissioners  to  take 

Of  office,  Water  Commissioners  to  take 544 

Of  office,  Police  Commissioners  to  take • 

....  56d 

Police  Commissioners  may  administer 

5bb 

Of  office,  policemen  to  take 

To  be  administered  to  sureties  on  recognizances 

,  64o 

Of  office,  Police  Justice  to  take 

.     .    .  bo* 

Clerk  of  Police  Court  may  administer 

Of  jurors  in  street  opening  cases 

■OBSCENE  PICTURES. 

,  .u    .  ,  123 

Power  to  prohibit  exhibition  ot 

OBS  l'Kl  CTIOX. 

122 

In  streets,  etc.,  power  to  remove 

OFFENSES. 

.     . .  249 
Prosecutions  for  under  charter 

-OFFICE.     (See  Officers.) 

32 

Plurality  to  elect  to 

Proceedings  in  case  of  tie  vote 

00 

M;iv  be  created  bv  ordinance 

J  '  43,  44,     4b 

Disqualification  for 

I  low  discontinued 

,  ,  06.     54 

Expulsion  and  removal  Ironi 

53,     55 

Suspension  from 

When  may  be  declared  vacant " 

Resignation  from ' 

&  .      .         ...    ,  58,  59,    60 

Vacancies  in,  how  filled 

,         .  DO 

Council  may  fill  vacancies  in  elective 

Clerk  to  give  notice  to  clerk  elected  or  appointed  to 

Power  of  Council  to  remove  from  and  till  vacancies  in 


INDEX. 


,,M .  u  I  RS.    CSee  Office,  Oath,  Bonds.)  Section 

What  officers  elected  and  when 36 

Appointed  on  nomination  of  the  Mayor 3' 

Deput)  Controller,  how  appointed,  duties  of 37 

Deputy  Citj  Clerk,  how  appointed,  duties  of  8v 

Deputy  Treasurer,  how  appointed,  duties  of •-" 

Bonds  of % 3' 

Appointed  by  Common  Council 3° 

To  hold  office  until  successors  are  qualified • 40 

To  be  resilient s  of  Detroit 41 

Ward  officers  to  reside  in  ward 41 

Becoming  interested  in  contracts 4l 

Punishment  for  bribery 48 

Manner  of  qualifying,  and  when 50 

Council  may  remove  or  expel  its  own  members 58 

Elected,  how  removed  by  Council 53 

Proceedings  on  removal  of 

Appointive,  how  removed 54 

Neglect  to  qualify 6o 

To  deposit  all  fees  with  City  Treasurer 69 

To  deliver  books  and  papers  to  their  successors 81 

Council  may  prescribe  other  duties  of 82 

Majority  of  Council  required  to  appoint  and  remove 114 

General  power  of  Council  relative  to  appointment  and  removal  of 118 

Of  jails,  work  houses,  etc.,  power  to  appoint 129 

Shall  not  be  interested  in  contracts  with  city -01 

Certain  contracts  with  to  be  void 201 

214 
Converting  money,  etc 

Embezzlement  of  public  property  by 214 

Malfeasance  of  and  punishment  for 214 

OILS. 

Power  to  prevent  manufacture  of,  in  certain  limits 132 

140 
Power  to  inspect 

OMNIBUSES.     (See  Vehicles.) 

OPENING  STREETS  AND  ALLEYS. 

Common  Council  authorized  to  open  highways,  streets  and  alleys 121,  726 

Council  to  declare  necessity  of '2' 

Special  taxing  district,  how  fixed ''"' 

Lit v  Attorney  to  institute  proceedings  for  in  Recorder's  Court 728 

•  •  7*}ft 

Allegations  in  attorney's  petition >~° 

Damages  and  compensation,  how  paid •*" 

Proceedings  upon  petition  for  opening 730,  731 .  732,  733,  734,  735,  736,  737,  738 

Jury  in  opening  cases,  how  drawn ..7S2,  733,  734,  135 

Oath  of  jury  in 

Jury  to  determine  assessment  of  damages,  etc ,37 


Jury  may  take  maps  to  jury  room. 
Korin  of  verdict 


INDEX.  51 

OPENING  STREETS  AND  ALLEYS— Continued.  Section 

When  new  trial  may  be  ordered 739,  740 

Amendments  to  petition 739 

Confirmation  of  verdict 740 

Damages  assessed  by  jury  to  be  a  lien  upon  the  land 740 

Appeals  how  made 741 

What  records  to  be  sent  to  Supreme  Court  on  appeal 742 

Hearing  in  and  judgment  of  Supreme  Court 743 

Costs  in  Suprems  Court 743 

Proceedings  after  confirmation  of  verdict 744 

When  assessments  to  be  paid 744 

Sale  of  lands  upon  assessments 744 

Payment  and  tender  of  awards 745 

Proceedings  in  case  of  non-residents  or  refusal 745 

When  Council  may  enter  or  lake  possession  of  land 745 

Treasurer  to  make  certificate 745 

Buildings  and  fences  taken  in  street  opening  proceedings  to  be  sold 740 

Refunding  of  proceeds 746 

Fees  of  officers,  witnesses,  etc.,  in  street  opening  cases 747 

Council  not  to  discontinue  proceedings .• 748 

City  Engineer  to  make  maps,  surveys,  etc.,  of  assessment  districts 749 

Common  Council  may  advance  awards 749 

City  may  bid  in  property  on  sale  for  assessments 749 

•OPENING  STREETS  AND  ALLEYS.     (General  Laws.) 

Authority  of  Common  Council  to  take  private  property  for  public  use 751 

Proceedings  for  taking  private  property,  how,  when  and  where  commenced 752 

Recorder's  Court  given  jurisdiction  over  proceedings 752 

Petition  to  be  filed  by  whom  and  what  to  state 753 

Proceedings  on  petition 754,  755,  756,  757,  758,  759 

Clerk  to  issue  summons , 754 

Service  of  summons,  in  case  of  minor,  non-resident,  etc 755 

Alias  and  pluries  summons  may  be  issued 755 

Jury  how  impanelled 756 

Oath  of  jurors 757 

Verdict  of  jury  to  determine 758 

Jury  may  take  maps,  etc 759 

Form  of  verdict 759 

Verdict  may  be  set  aside  same  as  in  other  civi.1  suits 700,  761 

Motions  for  new  trial,  when  made 76(1,  701 

Amendments  to  petition 760 

Confirmation  of  verdict 761 

Appeals,  how  made  and  perfected 702,  771 

Duties  of  clerks  on  appeal 763 

How  case  on  appeal  settled 763 

I  [earing  on  appeals  in  Supreme  Court  and  judgment  on 764 

Cost  and  damages  for  unreasonable  appeal 764 

Clerk  to  transmit  transcript  to  Common  Council 765 

Assessments  to  be  made  according  to  benefits 705 


52 


index. 


OP]  NING  STREETS  AND    V.LLEYS.    (General  Laws.)— Continued,  Section 

Making  and  collecting  assessments 765 

Winn  assessment  rolls  to  be  final 765 

C'ity  in.t\  become  purchaser  at  t.ix  sale 765 

Compensation  to  owner,  how  paid 766 

When  Council  may  take  possession 76b 

Council  ma\  borrow  money,  to  pay  awards "66 

l  OUncil  may  has  <■  a  writ  of  assistance 766 

Fees  of  jurors,  witnesses,  etc '"' 

Practice  and  proceedings  in  Recorder's  Court  of  the  City  of  Detroit,  under  this  act 768 

Costs  and  expenses  of  proceedings,  how  paid 769 

Proceedings  to  take  property  to  secure  water  supply • 770 

Council  cannot  discontinue  proceedings  after  rendition  of  verdict Vt\ 

What  shall  be  evidence  of  ownership  of  property 772 

Sale  of  buildings  on  property  taken 773 

Cities  may  proceed  under  special  charter 774 

ORDERS. 

May  be  drawn  on  Treasurer  for  necessary  and  current  expenses  of  the  city 192 

OPERA  HOUSES.      (See  Building  Inspectors.) 

Inspection  of 713 

Exit  doors  and  chairs  in  aisles  of 714 

ORDINANCES. 

What  to  be  submitted  to  the  Mayor 101 

When  to  be  valid  without  Mayor's  approval 102 

How  passed  over  Mayor's  veto 103 

Where  deposited  and  recorded . 105 

Must  be  published,  at  least  three  successive  days 106 

When  to  take  effect • ,06 

Stvle  of 1°7 

How  amended ■ ")< 

To  be  passed  on  yeas  and  nays 1 12.  202 

WThen  may  be  passed  at  session  when  introduced 112,  202 

May  be  passed  at  special  session H*i  202 

Punishment  for  violations  of 145- 

Relative  to  repairing  sidewalks 1*& 

For  paving  alleys *'-l 

Recorder's  Court  to  have  exclusive  jurisdiction  of  violation  of 249' 

Council  to  prescribe  punishment  for  violation  of 25' 

Cases  arising  under,  may  be  tried  without  jury 259 

Clerk  of  Recorder's  Court  to  report  prosecutions  for  violations  of 273 

Fire  Commissioners  to  enforce  certain 363 

Police  to  enforce *>65 

Persons  arrested  for  violating  may  be  let  to  bail 560 

ORDINARIES. 

Power  to  regulate  and  license 138 


INDEX. 


53 


PARKS.     (See  Board  of  Park  and  Boulevard  Commissioners.)  _  Section 

Power  to  improve 121 

PARK  COMMISSIONERS.     (See  Board  of.) 

PARTITION  FENCE  AND  WALL.     (See  Walls.) 

■  Power  to  regulate  construction  of 133 

PAVEMENTS  AND  PAVING. 

In  annexed  territory 8 

Of  streets,  power  to  provide  for 121 

Cost  of,  how  assessed 121 

Limitation  of  amount  of  in  each  year ]8g 

Contracts  for,  to  be  let  to  lowest  bidder 191 

Repairs  to,  may  be  made  by  Board  of  Public  Works 191 

Contracts  for,  not  to  be  let  to  officers , 201 

Power  of  Council  to  make  contracts  for 215 

Contracts  for,  when  to  be  completed 215 

Assessments  for,  how  made 216,  219 

What  bids  for  must  show 216 

Assessments  for  to  be  according  to  frontage 217 

Assessments  for  on  irregular  lots,  how  paid 217 

Assessments  for  on  lands  not  platted 21 8 

Proceedings  on  unperformed  contracts 320 

Of  alleys,  Couucil  ma}-  make  ordinances  relative  to 221 

Hoard  of  Public  Works  to  superintend  construction  of 316 

Of  streets,  etc.,  to  be  done  by  contract 326 

PAUPERS. 

Powers  of  Council  relative  to  burial  of,  etc 141 

PAWNBROKERS. 

Power  to  license  and  regulate 139 

PEDDLERS. 

Power  to  license  and  regulate 139 

PENALTIES.     (See  Fines,  Misdemeanors.) 

For  taking  false  oaths  at  election 26,  799 

For  not  delivering  books  to  successor  in  office 81 

Power  to  impose,  limitation  of 14£ 

For  embezzlement  by  public  officers 214 

Attorney  to  collect  and  pay  to  Treasurer 852 

Clerk  of  Recorder's  Court  to  give  information  relative  to 273 

For  refusing  right  of  way  to  firemen 34$ 

Kor  attempting  to  escape  from  House  of  Correction 612; 


54  INDl'.A. 

P]   NSIONS.  Section 

How  paid  to  retired  firemen 367 

To  be  paid  to  families  of  firemen,  when 368 

How  paid  to  such  tin-men 368 

List  of  pensioners  and  retired  firemen  to  be  kepi  by  Controller 370 

Estimates  for,  to  be  submitted  to  Council 371 

Tax  for,  to  be  levied 371 

Payment  of,  to  be  made  by  warrant 372 

Pensioners  to  take  oath 373 

When  payments  to  be  made 374 

Widows  and  children  of  policemen  to  receive 5Si,  688 

Disabled  policemen  to  draw 584,  585 

Limitation  of,  to  policemen 585 

For  policemen,  how  paid 586 

Controller  to  make  estimates  for 587 

Petitions  for,  to  be  presented  to  Common  Council 588 

To  policemen  to  be  paid  from  date  of  injury,  etc 589 

Names  of  persons  to  whom  act  applies 589 

1  Hsabled  policemen  may  be  retired 590 

Officers  on  retired  list  subject  to  orders  of  Police  Commissioners 591 

Commissioners  may  require  retired  officers  to  be  examined 592 

Special  policemen,  etc.,  not  to  receive  pension  or  to  be  placed  on  retiied  list 593 

Rewards,  proceeds  of  gifts,  etc.,  unclaimed,  money,  proceeds  from  sale  of  unclaimed 
property  and  tines  imposed  by  Commissioner  and  money  in  Police,  Life,  Health  and 
Insurance  Fund  to  be  paid  into  the  city  treasury 594 

PERCENTAGE. 

On  unpaid  taxes  when  added 170 

Provision  in  case  of  payments  made  before  August  10th 170 

PERSONAL  PROPERTY. 

Where  assessed 182 

PERJURY. 

False  oath  at  election,  to  be 22 

Penalty  for 26 

False  oaths  before  Police  Commissioners 565 

Elector  swearing  falsely 734 

PETITION. 

Right  of  guaranteed 109 

In  street  opening  cases 728 

PHYSICIANS.     (See  Physicians,  Board  of  Health.) 

PICTURES.     (See  Obscene  Pictures.) 

PIN  ALLEYS. 

Power  to  license,  regulate  or  suppress  gaming  with 137 


INDEX.  55 

PLANK  ROAD  COMPANIES. 

City  may  purchase  franchise  of  Detroit  and  Howell  Plank  Road  Company 689 

City  mav  condemn  franchise  of  same 

Citv  mav  purchase  franchise  of  Detroit  and  Saline  Plank  Road  Company 691 

,  692 

Citv  may  condemn  same 

Incorporation  act  relative  to  Detroit  ard  Saline  Plank  Road  Company  repealed 693 

PLATS. 

„.     .  ,  79 

City  Engineer  may  make 

Council  may  provide  for  preservation  of 

Power  to  provide  for  preservation  of  copy  of 

Not  to  be  valid  without  approval  of  Board  of  Public  Works 'i12 

Board  of  Public  Works  cannot  change  without  authority  from  Council 312 

31° 
Tax  certificate  to  accompany 

PLURALITY. 

32 

Vote  to  elect 

POLICE  COURT. 

Justices  of,  how  elected,  term  of  office  of 643 

Vacancy,  how  filled 

Clerk  of,  and  assistants,  term  of  office  of 

Qualifications  of  justice,  clerks  and  assistants b4° 

645 
Oaths  of  office  of  justice,  etc 

Removal  of  justices,  resignations,  etc 

,.   ,     .  64T 

Salaries 

Services  of  process  of ' 

Council  to  provide  court  room  for 

Expenses  of,  how  paid ° 

,     .    ..   ...  ,  651 

Jurisdiction  or 

Justices  and  clerks  of,  may  take  recognizances 651 

Concurrent  jurisdiction  with  Recorder's  Court  in  certain  cases 651 

Persons  arrested  for  violation  of  ordinances  to  be  let  to  bail 651 

Recognizances,  where  filed 

To  have  powers  of  Justices  of  the  Peace b5~ 

Apportionment  of  business  in  and  practice  in 65~ 

6*;2 
Trials  to  be  public °°* 

Hours  of  business  in 

Power  to  punish  for  contempt a 

May  require  security  for  costs  from  complainant b"4 

Judgment  for  costs  may  be  entered  again.st  complainant  and  surety  when 654 

Who  may  let  to  bail "^ 

May  issue  attachments  for  witnesses 

Shall  commit  persons  convicted  to  House  of  Correction 65i 

May  commit  in  default  of  payment  of  fine 

Certificates  of  conviction  need  not  be  filed fl58 

Adjournments,  postponements,  etc 

Limitation  of  adjournments 

May  investigate  cases  of  suspected  crime 


56  INDEX. 

POLICE  COT   R  l     Continued.  Section 

Records  of,  to  be  open  to  public 662 

Clerk  of,  to  receh  c-  ^  1 1 1  fines 662 

Juries  in  to  be  judges  of  law  and  fact 663 

Challenge  of  jurors  in 663 

Selection  of  juries  in 663 

Appeals  from  judgments  of 664 

Council  may  appoint  Justice  of  the  Peace  to  act  as  Assistant  Police  Justice,  when 665 

R(  peal  of  other  acts  and  transfer  of  files 666 

Ma\  issue  search  warrants 667 

Stenographer  of,  how  appointed 668 

Duties  of  stenographer 670 

Stenographer  shall  furnish  notes  when 671 

POLICE  JUSTICES. 

How  elected,  term  of  office  of 643 

To  appoint  clerks,  etc 644 

Qualifications  of 645 

How  removed , 646 

Salaries  of 647 

May  take  recognizances ! 651 

To  have  powers  of  Justice  of  the  Peace 652 

May  apportion  business  of  Police  Court 652 

May  exclude  persons  from  court  room,  when 652 

Duty  to  attend  and  open  court 652 

May  let  to  bail 655 

May  investigate  suspected  crime 661 

Council  may  designate  Justice  of  the  Peace  to  act  as  assistant 665 

Duties  of,  as  to  disorderly  persons 773,  674 

To  give  certificate  of  conviction 676- 

POL1CE.     (See  Metropolitan  Police.) 

POLICE  COMMISSIONERS.     (See  Metropolitan  Police.) 

POLICE,  PROPERTY  CLERK  OF. 

Secretary  to  be 546: 

Presents,  etc.,  to  policemen  to  be  handed  to 549" 

Property  seized  to  be  deposited  with 554,  559' 

General  duties  of 559' 

POLICE,  SUPERINTENDENT  OF.     (See  Metropolitan  Police.) 

POLICE  FUN" I). 

How  constituted 562 

City  Treasurer  to  be  custodian  of 562 

1 1  o\v  moneys  paid  from 563- 


INDEX.  57 

POLICE  LIFE  AND  HEALTH  INSURANCE  FUND.  Section 

How  constituted,  trustees  of 551 

For  what  purpose  paid  out,  and  how 552 

Unclaimed  property  and  money  seized  to  be  paid  into 559 

But  see  also 594 

POLICEMEN.     (See  Metropolitan  Police.) 

Commissioners  may  appoint  and  remove 545 

Qualifications  of 549 

Not  to  receive  presents  or  fees 549 

Not  to  be  interested  in  bail,  etc 549 

Complaints  against  and  trial  of 550 

Rewards  to,  how  disposed  of 551 

Disabled,  how  provided  for 552 


To  serve  subpoenas,  etc. 


553 


Reports  of 554 

Special,  how  appointed,  compensation  of 550,  55 1 

Resignations  of 55s 

Register  of ,  to  be  kept 559 

Shall  make  report  of  arrests 56n 

May  be  required  to  give  security 566 

Exemptions  of 568 

Assault  on  or  impersonating,  a  misdemeanor 569 

Accepting  elective  office,  deemed  a  resignation 5il 

Not  to  enter  saloons  while  on  duty 574 

To  serve  criminal  process,  etc 5'a 

To  seize  burglar's  tools 

Pensions  to  widows  of 5"* 

Pensions  to  children  of 5oo 

Pensions  to  disabled 584,  585 

Pensions  to,  how  paid 586 

Entitled  to  pension,  shall  petition  Common  Council 588 

Pensions  to  widows  of,  to  be  paid  from  death  of  officer 589 

Pension  provisions  to  apply  to  certain  persons 589 

POLLS.     (See  Elections.) 

POLL  LISTS.     (See  Elections.) 

POOL  SELLING. 

Power  to  regulate  and  suppress »"' 


POOR  COMMISSIONERS.     (See  Board  of.) 

POOR  FUND. 

Estimates  for,  to  be  submitted 155 

For  what  purpose  raised 1°-* 

Power  to  raise  by  tax 


164 


58  INDEX. 

PORK.  Section 


Paw  ei  i"  inspect 

PORTERS. 

Power  to  regulate  and  license. 

pos  rs. 

Power  to  inspect 


140 


POULTRY 


140 


136 


Unsound,  power  to  prevent  sale  of 

Power  to  license  sale  of 139 


Power  to  inspect. 


POUNDS  AND  POl'NDMASTERS. 


Power  to  appoint. 
Power  to  provide. 


140 


38 
125 


POWDER. 

Power  to  regulate  storage  and  conveyance  of. 


PRESIDENT  OF  BOARD  OF  FIRE  COMMISSIONERS. 

Power  to  elect 354 

Warrants  on  Fire  Commission  Fund  to  be  signed  by 341 

PRESIDENT  BOARD  OF  EDUCATION. 

Power  to  elect "*81 


PRESIDENT  OF  BOARD  OF  POLICE  COMMISSIONERS. 


Power  to  appoint. 


546 


To  be  Trustee  of  Police  Life  and  Health  Insurance  Fund 551 

To  test  subpoenas  issued  by  the  Board 565 

PRESIDENT  OF  BOARD  OF  WATER  COMMISSIONERS. 

Power  to  elect ™' 

PRESIDENT  OF  COMMON  COUNCIL. 

When  to  be  Acting  Mayor '1 

Pro  tempore,  when  Acting  Mayor 71 

When  elected 72,  98 

Pro  tempore,  when  elected '  '->     "° 

Pro  tempore,  duties  of '3 

To  appoint  committees  of 1'5 


Of  proceedings  of  Council. 
In  foreign  languages. 


INDEX.  59' 

PRINTING.  Section 

106 

106 

Power  to  provide  for I4' 

Proposals  for  contracts,  for 191 

Of  report  of  clerk  of  Recorder's  Court 273 

Of  annual  statement  of  Board  of  Education 483 

Of  report  of  Water  Commissioners 516 

PRISONERS. 

Who  liable  for  board  and  expenses  of 254 

May  be  confined  in  County  jail 255 

General  laws  for  safe  keeping  applicable  to 256 

To  be  conveyed  by  police  to  place  of  confinement 575 

PRIVATE  PROPERTY. 

Sewers  and  drains  through,  how  made  and  paid  for 150 

May  be  taken  for  public  use '26,  751 

PRIVIES. 

Power  to  compel  cleaning »«" 

Power  to  levy  assessment  for  cleaning 131 

PRIVILEGE. 

From  arrest  on  election  day <»> 

Of  policemen  from  arrest  while  on  duty 56g 

PROCESS. 

Civil,  when  electors  exempt  from  arrest  on 35 

When  Mayor  may  issue 84 

Clerk  of  Recorder's  Court  to  sign  and  seal 237 

From  Recorder's  Court  how  tested  and  executed 248 

To  be  served  by  police,  when 553 

When  city  to  pay  expenses  of  service  of 461 

Civil,  when  policemen  exempt  from  arrest  on 598 

Police  Justice  may  require  security  for  costs  before  issuing 654 

PROPOSALS. 

For  contracts  to  be  advertised  for 191,  326 

PROSECUTIONS. 

249 
How  commenced 

Clerk  of  Recorder's  Court  to  report  number  of *'* 


6o  INDEX.  

PROSECU  1  [NG    \  [TORNEY.  Section 

When  to  act  in  Recorder's  Court 2I:5 

I  'o  render  account  of  moneys  collected 248 

When  to  sign  informations,  etc 243 

PROSTITUTES. 

Power  to  punish 'd,) 

M  i\  be  sent  to  House  of  Correction 027 

Complaint  against  and  trial  of 82! 

Imprisonment  of,  under  15  years  of  age 629,  030,  031 ,  682 

Form  of  commitment  of 624 

PROVISIONS. 

Unsound,  power  to  prevent  sale  of 139 

Power  to  inspect  and  license  sale  of 140 

PLBLIC  BUILDINGS. 


Power  to  erect. 


129 


PUBLIC  BUIDING  FIND. 

For  what  purpose  and  how  divided 183 

Bonds  for,  how  issued '"9 

Surplus  of,  not  to  be  transferred  to  Sinking;  Fund 208 

PUBLIC  EXHIBITIONS. 

Power  to  license  or  prevent "" 

PUBLIC  HOUSES. 

Power  to  regulate  runners  of "8 

Power  to  license  keepers  of *"° 

PUBLIC  HALLS. 

Inspection  of '* 

Chairs  not  to  be  placed  in  aisles  of   ' " 

Not  to  be  used  without  certificates  of  inspection 71B 

PUBLIC  LIBRARY.     (See  Library.) 

PUBLIC  LIGHTING. 

Power  to  advertise  for  proposals  for 184,  ~oo 

Council  may  contract  for  term  of  one,  two  or  three  years 184 

Limitation  of  amount  to  be  raised  for *""* 

Council  may  levy  assessment  for '"* 

Commission,  how  appointed *"* 


6i 


PUBLIC  LIGHTING— Continued.  Section 

Commissioners  to  take  oath  of  office *°4 

President  and  Secretary  of  Commission,  how  appointed 284 

City  may  contract  or  establish  plant  for 285 

Power  to  lay  pipes,  conduits,  etc 

Council  may  make  temporary  contracts  for *86 

Shall  advertise  for  bidders  for *~86 

Limitation  of  cost  of  plant  for *8' 

Commissioners  may  appoint  electrical  and  other  officers 2°8 

Establishment  of  public  plant  to  be  submitted  to  electors 289 

Commissioners  to  have  entire  charge  of 

291 

292 

293 


Power  to  raise  money  for  public  plant 

Contracts  not  to  be  in  excess  of  funds  authorized 

Commissioners  to  have  supervision  of  all  appliances,  etc 

Council  may  make  ordinances,  regulating  use  of  electricity  for 294 


Penalty  for  injuring  machinery,  wires,  etc. 

PUBLIC  MARKETS. 

Power  to  establish 

PUBLIC  MEETINGS. 

Council  may  call 


■295 


129 


147 


PUBLIC  PARKS.     (See  Board  of  Park  and  Boulevard  Commissioners.) 

Power  to  open,  grade,  improve  and  regulate 

Power  to  survey  and  ascertain  boundaries  of *■*■' 

Power  to  purchase  Belle  Isle  and  improve  same 41° 

Council  may  erect  bridge,  to 

Water  Commissioners  may  erect  fountains  in 51~ 

PUBLIC  PLACES.     (See  Highways,  Public  Parks.) 

Power  to  open,  extend,  grade,  improve,  regulate,  etc I"1 

Power  to  prescribe  use  of 

Board  of  Public  Works  to  superintend  working 3l6 

PUBLIC  SCHOOLS.     (See  Board  of  Education.) 

Detroit  to  be  one  school  district 4'" 


PUBLIC  SEWER  BONDS. 
Authorization  of . . . 


160 
160 


160 


Amount  for  Woodward  avenue 

Regulations  as  to 

Controller  shall  keep  record  of lc0>  3~9c 

Council  to  approve,  before  issuing 

Board  of  Public  Works  to  estimate  amount  necessary 161 

Authority  to  issue 349a,  329b,  329c 

A  in.. n nt  of,  limited  to  one  million  dollars 3~9b 

,    ,         ,  329b 

i  on 

Common  Council  y  designate  denomination  of 3~Jb 


62  INDEX. 

PI  BLIC  SETTERS.     (See   Sewers.)  Section. 

PUBLIC  WORK, 

Tax  for,  to  be  first  levied l^O 

How  to  be  paid  for.. l»0 

Proviso  relative  to  public  lighting  and  garbage 190 

Contracts  for  to  be  let  to  lowest  bidder 1"1 

PUBLIC  WORKS.    (Sec  Board  of.) 

PUNISHMENTS.     (See  Fines,  Penalties,  Misdemeanors.) 

QUALIFICATIONS. 


Of  electors. 


24 


Of  officers 41 

Of  City  Attorney 4~ 

Of  sureties  on  official  bonds <"> 

Of  City  Counselor 297 

Of  Water  Commissioners 506 

Of  policemen 549 


Of  sureties  on  certain  recognizances. 


580 


QUORUM. 

Of  Common  Council •'' 

Of  Commissioners  of  Sinking  Fund 211 

Of  Fire  Commissioners "30 

Of  Board  of  Education 481 

Of  Police  Commissioners °~*1 

RACING. 

In  streets,  power  to  prevent 124 

RAILROADS. 

Power  to  preserve  quiet  at  depots  of 121 

Power  of  police  at  depots  of 548 

REAL  ESTATE. 

Power  of  Council  to  purchase 1*" 

Power  to  perpetuate  evidences  of  title  to 144 

Certain,  transferred  to  Fire  Commissioners 344 

Board  of  Education  may  hold 480 

Power  of  Water  Commissioners  to  hold 505 

Board  of  Water  Commissioners  may  purchase 51 1 

RECEIPTS. 

Of  Treasurer,  not  valid  unless  countersigned  by  Controller 78 

Controller  to  take,  on  delivery  of  tax  rolls 170 


INDEX.  63 

RECEPTION   FUND.                                                                                                                                           Section 
Power  to  levy  and  raise  tax  for 222 

RECEIVER  OF  TAXES. 

How  appointed,  term  of  office  of 37 

How  removed "4 

Bond  of bl 

Duties  relative  to  re-assessments 149 

Shall  give  notice  of  delivery  of  tax  rolls 170 

To  give  receipts  on  payment  of  taxes 1'0 

To  give  notice  of  unpaid  taxes "0 

When  to  add  percentages 1'0 

To  collect  personal  taxes 1 '  1 

Xotice  of  sale  for  personal  taxes 1 '  1 

Surplus  on  sale  for  personal  taxes,  how  disposed  of l'l 

May  sue  for  personal  taxes l'l 

Assessment  tolls  for  sewers,  etc.    to  be  placed  in  hands  of 181 

Shall  notify  School  Board  of   receipt  of  school  taxes 491 

RECORDS.      . 

Of  proceedings  of  Council,  how  kept 105 

Of  ordinances,  resolutions,  etc 105 

Of  Council,  open  to  inspection 108 

Council  may  provide  for  preservation  of 114 

Of  Recorder's  Court,  open  to  inspection 253 

Of  Fire  Commissioners,  open  to  inspection 353 

Of  Park  Commissioners,  open  to  inspection 435 

Of  police,  relative  to  stolen  property,  how  kept 559 

Of  Police  Commissioners,  open  to  inspection 564 

Of  I  louse  of  Correction,  open  to  inspection 598 

RECORDER'S  COURT. 

Impeachment  of  Judges  of .•  •  •  5~ 

J  udges  of  may  administer  oaths 83 

Clerk  of,  may  administer  oaths 83 

Deputv  Clerks  of,  may  administer  oaths 83 

Continuance  of 228 

Provision  for  two  Judges  of 229 

Powers,  duties  and  jurisdiction  of 229 

Business  of,  how  apportioned v 229 

One  Judge  not  to  stay  proceedings  of  the  other 229 

Record  of,  how  kept 230 

Bills  of  exception,  orders,  etc.,  how  signed 230 

Term  of  office  of  Judges'of 231 

Xotice  of  election  of  Judges,  how  given 231 

Circuit  and  Supreme  Court  Judges  may  sit  in 231 

Vacancy  in  office  of  Judge  of,  how  filled 232 

Xotice  of  election  to  fill  vacancy ~32 

Salary  of  Judges  of 233 


i;  E(  ORDER'S  C<  >l  R  1     Continued.  Se<  tion 

i  lerks  and  Deputy  Clerks  of,  how  appointed 284 

Council  may  provide  Eor  other  assistants 234 

Bonds  oi  <  l-  i  K  and  Deputies 235 

Clerk  to  keep  recoi  d  oi  proci  edings 288 

Powers,  duties  and  salary  of  Clerks 236 

I '  ■  •.  lis,  duties  and  salaries  of  Deputies 287 

Jurisdiction  of 238 

What  indictments  to  be  presented  to 289 

Prosecutions  to  be  by  in  format  ion 240 

Not  necessary  to  verify  information  by  oath 240 

fudges  and  Clerks  of,  given  power  to  let  to  bail 241 

To  have  power  to  enforce  recognizances 241 

Form  of  recognizance  in 242 

Prosecuting  Attorney  to  appear  in 243 

Judges  of,  may  grant  writs  of  habeas  corpus 244 

Judges  of,  to  have  powers  at  chambers 245 

When  persons  may  be  excluded  from  court  room 245 

May  make  rules  of  practice 246 

Shall  be  a  Court  of  Record 24V 

Writs  and  process  of,  how  tested 248 

When  to  have  exclusive  jurisdiction 249 

Complaints  to  be  filed  with  Clerk 249 

Clerk  may  issue  warrant  in  certain  cases 249 

Terms  of  Court 250 

Unfinished  trials  at  close  of  term,  how  disposed  of 250 

When  Clerk  may  adjourn  Court 250 

Writs  of  error  and  other  process  from  Supreme  Court 251 

City  Attorney  to  collect  fines  imposed  in 25~ 

Clerk  to  report  fines  to  Council 252 

Who  may  inspect  books  and  records  of 253 

Costs  in,  when  city  liable  for 254 

Costs  in,  when  county  liable  for 254 

Imprisonment  for  disobeying-  orders  of 255 

Punishment  for  offenses  against  ordinances  to  be  prescribed  by  Common  Council 257 

Laws  of  the  State  to  apply  in  prosecutions  in  258 

Trials  to  be  by  Court  unless  jury  demanded 259 

Jury  list,  how  selected 260 

List  of  jurors  to  be  filed  with  clerk 261 

When  old  jury  ballots  to  be  destroyed 262 

Clerk  to  give  notice  to  Judge  and  Sheriff  of  drawing  of  jury 263 

Manner  of  drawing  jury £64,  265 

Clerk  to  keep  minutes  of  drawing  of  jury 266 

Clerk  to  issue  venire  facias 266 

Service  of  venire  facias,  how  made 267 

Court  may  fine  jurors  for  non-attendance 268 

Clerk  to  destroy  ballots  of  jurors  who  have  served,  etc 269 

Court  may  order  further  drawing  of  Jurors 270 

Sheriff  to  summon  extra  jurors,  when 271 


INDEX.  65 

RECORDER'S  COURT-Continued.  Section 

Talesmen,  how  summoned 2TS5 

Clerk  to  make  annual  report  to  Common  Council 273 

Duties  and  salary  of  stenographers  of 274 

Court  may  appoint  temporary  stenographer,  when 275 

Act  not  to  affect  Police  Court  Act 276 

Street  opening  cases  to  be  tried  in 727,  752 

Proceedings  in  street  opening  cases 730,  731,  730.  733,  734,  735,  736,  737,  738,  753,  754, 

755,  756.  757,  758,  759 
New  trials  in  street  opening  cases T39,  T40,  760,  761 


RECORDER'S  COURT  FUND. 

Estimates  for 15a 

For  what  purpose  raised 183 

Power  to  raise  by  tax 184 


RECOGNIZANCES. 

Recorder's  Court  may  enforce 241 

Form  of 242 

Required  in  ordinance  cases ~*" 

Judgment  against  sureties  on ■"  ' 

Qualifications  of  sureties  on 580 

Ma  v  be  taken  by  Police  Justices 651 


REDEMPTION. 

Of  land  sold  for  taxes I73 

How  made ' 

Interest  to  be  paid  on 1'" 


REGISTRATION. 

(•..unci!  shall  provide  means  for  in  new  wards ■ ^ 

City  Hoard  of,  how  composed H 

Of  electors,  how  made ** 

Notice  of  meetings  of  Board  of 1* 

Duration  of  sessions  of  Board  of " 

Re-registration,  when  required 1~ 


Elector  must  personally  appl\   for. 


.12.     13 


Lists,  to  be  delivered  to  City    Board I3 

When  elector  twice  registered 

In  case  of  special  election 

On  election  day,  method  of ^" 

Spei  ill  registers  for  election  day ** 

Oi  births  and  deaths 68S 


66  INDEX. 

REGISTRATION,  BOARD  OF.    (See  Election  Laws.)  Section 

Notice  of  meeting  of,  how  given 12 

I '•uiation  of  sessions  of 12 

Annual  re-registration,  how  made 12 

Sick  or  absent  electors,  how  registered 12,  15,  22 

District  boards  of 13 

Shall  not  register  name  except  upon  persona]  application IS 

Meeting  of  city  hoard  of,  whin  and  where 14 

Purpose  of  meeting  of  city  Board 14 

Filling  vacancies  in 16 

General  laws  of  Stale  to  apply 17 

1  low  composed 21 


REGRATING. 

Power  to  prohibit 129 


REPORTS. 


Annual,  of  Controller 76 

Annual,  of  Treasurer 78 

Council  may  order  officers  and  hoards  at  any  time  to  make 88 

Annual  to  be  made  to  the  Common  Council % 

Officers  and  Boards  to  furnish  to  Common  Council 204 

Of  Commissioners  of  Sinking  Fund 210 

Of  fines,  etc..  in  Recorder's  Court 252 

Annual,  of  Clerk  of  Recorder's  Court 273 

Annual,  of  Board  of  Public  Works 324 

Annual,  of  Fire  Commissioners 352 

Annual,  of  Boulevard  Commissioners 435 

Annual,  of  Board  of  Education 485 

Annual,  of  Water  Commissioners 516 

Of  Water  Commissioners,  relative  to  interest  on  bonds .".  528 

Quarterly,  of  Superintendent  of  Police 567 

Annual,  of  Police  Commissioners 567 

Quarterly  and  annual,  of  House  of  Correction 599 

Monthly,  of  Building  Inspectors 720 


RESIDENCE. 

What  necessary  to  hold  city  or  ward  office 41 


RESIGNATIONS. 


Offices  may  be  declared  vacant  on 56 

Of  officers,  how  made 57 

Of  members  of  Police  Force 558,  571 


INDEX.  67 

RESOLUTIONS.                                                                                                                                            Section 
To  be  presented  to  Mayor  for  approval -1"1 


I  low  vetoed  by  Mayor 

Effect  of  neglect  of  Mayor  to  approve. 
Passage  of,  over  Mayor's  veto 


101 
102 
103 
103 


When  to  go  into  effect 

Certificate  of  presentation  of,  to  be  recorded 10* 


105 


To  be  deposited  with  City  Clerk 

Not  to  be  passed  at  session  when  introduced 113>  *"* 


To  be  passed  on  yeas  and  nays. 


.112,  202 


727    75° 
Relative  to  street  opening ■*'» 

Certified  copy  of,  to  be  filed  in  Court 728>  753 


RETIRED  FIREMEN.     (See  Pensions.) 

RETURNS  OF  ELECTIONS. 

Delivered  to  City  Clerk,  when. 


39 


Delivered  to  County  Clerk,  when "®> 


REWARDS. 


549 


343 


Police  not  to  receive 

RIGHT  OF  WAY. 

Firemen  going  to  fires,  to  have 

RIOTS. 

Power  of  Council  to  prevent *■** 

Power  of  police  to  quell 565 

ROAD  FUNDS.     (See  General  Road  Fund,  District  Road  Fund.) 

RULES,  REGULATIONS  AND  BY-LAWS. 

Power  of  Common  Council  to  make U0 

Power  of  Recorder's  Court  to  make 2-46 

Power  of  Fire  Commissioners  to  make 350 

Power  of  Board  of  Education  to  make 483 

Power  of  Water  Commissioners  to  make °14 

Power  of  Police  Commissioners  to  make &55 

Power  of  Inspectors  of  House  of  Correction  to  make 597 

RUNNERS. 

Power  to  license  and  regulate !■'" 


index. 

SA1    \i;\      (See<  ompensatio  Section 

Of  Mayor 71 

OJ    Vldermen lll) 

Of  officers,  genera]  powers  of  Council  relative  to IIs 

( m  Judges  hi  Recorder's  Court *38 

Oi 'i'li  rk  . 'I  Recorder's  Courl ~36 

Of  Deputy  Clerk  of  Recorder's  Court 237 

Oi  St<  nographei  s  of  Recorder's  Court -74 

Of  City  Counselor :'''' 

Of  Firemen "4* 

Of  Members  of  Police  Force 549 

Of  Officers  of  House  of  Correction :,!'1 

Of  Police  Justices  ami  Clerks  of  Police  Court 641 

Of  Stenographer  of  Police  Court 671 

Of  Justices  of  the  Peace *>80 

Of  Clerks  of  Justice  Court 681 

SALINE  PLANK  ROAD.     (See  Plank  Road  Company.) 

SALE. 

Of  public  property,  power  of  Council  to  make HI 

For  taxes,  power  of 171>  173i  18~ 

For  taxes,  who  to  execute  deed '" 

For  taxes,  when  Controller  to  bid  in 17^ 

For  paving  assessments. 


Power  to  license  and  regulate. 


SCHOOL  DISTRICTS. 

How  affected  by  annexing  new  territory 

To  be  re-arranged,  when 

City  to  be  one 

SCHOOL  HOUSES  AND  PROPERTY. 

Estimates  for,  to  be  submitted , 


181 


For  non-payment  of  water  rates )14 

Of  buildings  taken  in  street  openings i™,   <78 

SALT. 

1  to 
Power  to  inspect 

SALOONS. 


138 


SCHOOLS.     (See  Board  of  Education.) 

To  be  free  to  all  children 4'6 

Council  may  pass  ordinances  for  good  order,  etc 49' 


10 

476 


488- 
489 


Power  to  levy  tax  for 

Council  may  issue  bonds  in  lieu  of  taxes,  when ,- •  •   489> 


INDEX.  69 

SCHOOL  INSPECTORS.     (See  Board  of  Education.)  Secton 

To  be  voted  for  on  separate  tickets ~8 

Whin  elected,  term  of  office  of 36,  477 

Women  eligible  to  office  of, 41 

Vacancy  in  office  of,  how  filled 478 

Removal  from  ward  dots  not  vacate  office  of 479 

Penalty  for  refusing  to  serve  as i'l  '■' 

Not  to  be  interested  in  contracts  or  to  receive  compensation 498 

SCHOOL  TAXES. 

Estimates  of,  to  be  presented  to  Council 488 

Power  to  levy -188 

To  be  separate  on  tax  rolls 483 

Non-resident  tax  payers,  may  send  children  to  city  schools 595 

SCUTTLES. 

Power  to  compel  providing  of 133 

SEAL. 

Of  corporation 1 

City  Clerk  to  keep 75 

Fire  Commission  may  have  common 346 

Water  Commissioners  may  have 505 

SEALER  OF  WEIGHTS  AND  MEASURES. 

Appointment  and  powers  of 548 

SEWERS. 

Lateral,  Engineer  to  make  assessment  for 79 

Private,  power  t<f  regulate  construction  of 126 

Power  to  clean  and  assess  expenses  of 130 

Lateral,  power  to  construct,  etc 131 

Power  to  build  through  private  property 150 

Power  to  issue  bonds  for 158,  159,  160,  161,  329«,  329£,  329<: 

Power  to  levy  tax  for  construction  of 181 

Contracts  for  to  be  let  to  lowest  bidder 191 

Board  of  Public  Works  to  have  control  of  construction  of 316 

Building  of,  to  be  referred  to  Board  of  Public  Works 320 

Police  to  report  defects  in 548 

SEW  ER  FIND. 

Estimates  for  to  be  submitted 155 

For  what  purpose  raised 183 

May  be  raised  by  tax 186 

Not  more  than  $2011.011(1  to  be  raised  by  tax  in  any  one  veai 186 

SHEEP. 

Power  to  prevent  running  at  large 125 


JO  INDEX. 

Mil  i;il  1    OF  WAYNE  COUNTY.  Section 

Mas  serve  process  in  Recorder's  Court 248 

l'n  1h   pic  sent  at  ilia  wing  of  jurors 264 

To  serve  venire  facias  from  Recorder's  Court 266 

When  to  summons  jurors  forthwith 271 

When  to  summon  talesmen 272 

SHINGLES. 

Power  to  inspect 140 

SHOWS. 

Power  to  license  and  regulate 189 

SIDEWALKS. 

Engineer  to  make  assessments  for 79 

Power  to  pave  or  plank 121 

Power  to  clean,  etc.,  and  to  prevent  driving  on 122 

Liability  for  injuries  occasioned  by  defective 145 

Power  to  designate  and  compel  construction  of 145 

Board  of  Public  Works  may  construct,  when 191 

Board  of  Public  Works  to  superintend  construction  of 317 

SIGNS. 

Power  to  prevent  encumbering  streets  with 122 

Power  to  regulate  suspension  of,  etc 122 

Power  to  prevent  exhibition  of,  on  vehicles 122 

SINKING  FUND. 

Purpose  of 183 

Power  to  levy  tax  for 187 

What  interest  to  be  credited  to 205 

What  to  be  transferred  to 208 

Board  of  Commissioners  of,  powers  and  duties  of 210 

Report  of  Board  of  Commissioners  of 210 

Meetings  of  Board  of  Commissioners  of 211 

Secretary  of  Board 211 

Treasurer  to  have  custody  of  all  moneys  belonging  to 212 

SLAUGHTER  HOUSES. 

Power  to  regulate  construction  of 130 

Power  to  prevent  within  certain  limits 132 

SLIPS. 

Power  to  regulate  construction  of  and  to  assess  expense  of  cleaning   131 

SNOW  AND  ICE. 

Power  to  compel  removing  of 122 


INDEX.  71 

SOAP  FACTORIES.  Section 

Power  to  cleanse,  etc 130 

Power  to  prohibit 1**« 

SPECIAL  ELECTION. 

Notice  of 18 

Conduct  of 30 

How  result  of  declared 30 

When  officers  elected  at,  to  enter  upon  duties 50 

Of  Mayor  and  Aldermen,  when  to  be  held 59 

SPECIAL  SESSIONS. 

Of  Council 10° 

SPRINKLING  OF  STREETS. 

Power  to  provide  for 122 

STABLES, 

Power  to  cleanse l'->" 

Power  to  regulate  use  of  lights  in 132 

STARCH  FACTORIES. 

Power  to  cleanse 130 

Power  to  prohibit 132 

STATE  PRISON. 

Police  to  convey  prisoners  to 5<5 

Inspectors  of,  may  contract  with  House  of  Correction 605 

Transfer  of  females  from  to  House  of  Correction 613,  616 

Commutation  of  sentence  from,  to  House  of  Correction 617 

STEAMBOATS. 

Power  to  regulate  runners  at  landing  of 138 

Duty  of  police  at  landings  of 548 

STEAM    BOILERS. 

Power  to  inspect 12* 

STONE. 

Power  to  inspect "0 

STOVES. 

Power  to  regulate  putting  up  of 133 

STREETS. 

Plan  of,  etc.,  to  be  made  by  Board  of  Public  Works 312 

Board  of  Public  Works  to  establish  grades  of 313 

Sewer  and  gas,  and  water  connections  in,  when  to  be  made 314,  315 

Water  Commissioners  may  lay  pipes  in Ms 

Police  to  remove  nuisances  in °4" 

Opening,  widening  and  straightening,  etc «*•> 


72  IMU'X. 

STR1  i   i   OP]  NING    \<   I      (See  Opening  Streets  and  Alleys.)  Section 

v  i  i;  11   i    OPENING  FUND, 

Estimates  Eoi  to  be  submitted 155 

hat  purpose  raised iga 

STR]  ET  PAVING  Fl   \l>. 

Estimates  for  to  be  submitted 155 

For  what  purpose  raised 1S3 

Power  to  raise  tax  for ' iss 

STREET  PAVING  SINKING  KIND. 

How  provided  for r 227 

SI   BPCEN  VS. 

Mayor  may  issue,  when 84 

Council  and  Council  Committees  may   issue    116 

l'olice  Commissioners  may  issue 550 

From  Recorder's  Court,  police  to  serve 553 

SENIOR  POLICE  JUSTICE. 

Who  to  act  as 652 

Duties  and  powers  of 653 

When  to  require  selection  of  jurors 663 

SUPERVISORS  OF  WAYNE  COUNTY. 

President  of  Board  of  Assessors  and  the  Aldermen  to  have  the  powers  of 164 

SURETIES. 

On  official  bonds,  contracts,  etc.,  to  justify,  etc 66 

Sufficiency  of,  of  license  bond 143 

To  be  furnished  on  contracts 191 

When  judgment  may  be  entered  against 242 

Proceedings   against 578 

s  l"  K  V  EYOR.     (See  Engineer.) 

General  powers  and  duties  of 7ft 

Water  Commissioners  may  employ 510 

SWAMPS. 

Power  to  provide  for  drainage  of 128 

TALESMEN. 

Power  to  summon  in  Recorder's  Court 272 

In  street  opening  cases 735 

TALLOW. 

Power  to  prevent  rendering  of 132 

TALLOW  CHANDLER  SHOPS. 

Power  to  cleanse,  etc l?l) 

TANNERY. 

Power  to  cleanse,  etc 13(> 

Power  to  prohibit  within  certain  limits 132 


INDEX.  73 

TAVERNS.  (See  Hotels.) 

TAXES. 

On  lands  detached  from  townships 

School  in  annexed  territory 

Treasurer  to  be  charged  with 

Ordinances  imposing,  how  passed 96,  101,  112,  202 

Illegal,  power  to  refund  or  vacate 

Power  to  sell  for  unpaid ' 

Are  liens 

Power  to  levy  and  collect  for   various   funds  and  purposes. .  . .  147,  184,  1S5,  186,  187,  188, 

190,  222,  340,  486,  487,  488,  528,  540,  572,  608 
,  149 

When  may  be  reassessed ' 

Unjust,  power  to  refund *■ 

Estimates  for  amount  of,  to  be  submitted lc 

To  be  based  on  assessment  rolls lt 

When  due  and  payable ' 

Receiver  to  give  notice  of 

Receiver  to  give  receipt  for ' 

Interest  on  unpaid 

WThen  percentage  to  be  added ' 

Notice  of  sale  and  proceedings  thereon 1,0>    l,i>  172>  1m 

Redemption  of  lands  sold  for 173'  ' 

Personal,  how  collected " 

Sale,  for  personal 

Controller  to  execute  deed  on  sale  for 173,  178 

Persons  in  possession  liable  for 1 

180 

182 


Assessment  rolls,  to  be  evidence  of  regularity 

On  personal  property,  to  be  assessed  where  found 

To  be  credited  to  fund  for  which  raised ~"' 

When  to  be  credited  to  General  Fund '!(-,' 

To  be  applied  to  the  purpose  for  which  raised ~0S 

For  Entertainment  Fund 

For  cleaning  streets,  to  be  assessed  by  wards 319 

For  Firemens'  pensions ' 

For  I  lealth  Board 3~8'  393 

For  Public  Library 486,502,503,504 

For  School  expenses 488,489,491 


School,  per  capita 

Scbool,  to  be  separate  on  tax  rolls 

For  expense  of  opening  streets  and  alleys 

TAX    ROLLS. 


493 
729 


(  ontroller  to  examine 

Ward,  to  be  delivered  to  Receiver 


Notice  of  reception  of  by  Receiver  to  be  a  demand  for  taxes l'O 

TELEGRAPH. 


When  Police  Commissioners  may  erect. 


5  r. 


i  in    \  rERS.    CSee  Opera  Houses.) 
i  iu:.\  ikk    \i  S. 

Power  to  license  and  regulate 139 

riMBER, 

Power  to  inspect 140 

TIE  VOTE. 

Proceedings  in  case  of,  at  election 33 

In  Council,  effect  of 113 

■TREASURER 

When  elected,  term  of  office  of 36 

When  term  of  office  to  commence 50 

Bond  of 61 

All  fees  to  be  paid  to f>9 

Controller  to  keep  account  with 77 

To  be  charged  with  all  moneys  and  taxes  receivable 77 

To  have  custody  of  all  moneys  and  pay  none  except  on  warrant 78 

To  keep  separate  accounts  with  each  fund 78 

To  make  reports  to  Controller 78 

Annual  report  of 78 

Other  duties  of 78 

Duties  of,  relative  to  bonds 189 

Orders  may  be  drawn  on,  for  current  expenses  of  city 192 

To  destroy  evidences  of  debt  when  refunded 195 

To  keep  list  of  cancelled  bonds,  etc 195 

To  credit  surplus  of  funds  to  Sinking  Fund 208 

To  be  member  of  Sinking  Fund  Board 210 

Shall  pay  school  moneys  to  School  Board -. 492 

Taxes  for  Library  Building  to  be  paid  to 504 

To  sell  property  assessed  in  street  opening  cases,  when 744 

To  pay  or  tender  awards  in  street  openings 745 

TREES. 

In  streets,  power  to  provide  for  preservation  of 122 

TUNNEL. 

Council  may  unite  with  Canadian  authorities  to  build 152 

Regulation  and  management  of  tolls 152 

TURPENTINE. 

Power  to  prohibit  manufacture  of,  in  certain  limits 132 

UNSAFE  ERECTIONS.     (See  Buildings,  Fences.) 

VACANCIES. 

In  Board  of  Registration 16 

In  Board  of  Inspectors  of  Election,  how  filled 19,  777 

Ballots  to  fill,  to  state  what 31 

Made  by  officers  ceasing  to  be  residents 41 

Made  by  officers  becoming  defaulters 43 

Made  by  officers  becoming  interested  in  contracts 47 

Made  bv  accepting  bribes 48 


INDEX.  75 

VACANCIES-Contimied.  Section 

Officers  appointed  to  fill,  when  to  enter  upon  duties 50 

When  may  be  declared 51,  56 

Expulsion  from  office  to  create 56 

In  appointive  offices,  how  filled 58 

In  office  of  Mayor  or  Alderman,  how  filled 59 

In  elective  offices 60 

Among  assistants  and  clerks,  etc.,  how  filled 68 

Power  of  Council  to  provide  for  filling 118 

In  office  of  Recorder 232 

In  Board  of  Public  Works 311 

In  Board  of  Fire  Commissioners 339 

In  office  of  School  Inspector 478 

In  Board  of  Water  Commissioners 506 

In  Board  of  Police  Commissioners 543 

In  office  of  captain  and  sergeant  of  police 549 

In  office  of  policemen,  by  accepting  other  office 571 

In  office  of  Police  Justice 643 

VAGRANTS. 

Power  to  restrain  and  punish 135 

Power  against,  under  Police  Act 579 

May  be  sent  to  House  of  Correction 610 

May  be  sent  from  other  counties  to  House  of  Correction 611 

VEGETABLES. 

Unsound,  power  to  prohibit  sale  of 136 

Power  to  license  and  regulate  seller  of 139 

Power  to  inspect 140 

VEHICLES. 

Power  to  prevent  exhibition  of  signs  on 122 

Power  to  regulate  standing  of  at  depots,  etc 184 

Power  to  prescribe  stands  for  in  streets 124 

Power  to  license  and  regulate  compensation  of  drivers  of 138 

VENIRE   FACIAS. 

To  be  issued  from  Recorders  Court  to  Sheriff 266 

When  and  how  to  be  served 267 

In  street  opening  cases 735,  756 

VESSELS. 

Power  to  regulate  anchorage  of 119 

VETO. 

Of  ordinances,  etc.,  by  Mayor 101 

Proceedings  of  Council  on 102 

VICTUALING  HOUSES. 

Power  to  license  and  regulate 138 

VOTING.     (See  Elections,  Election  Laws.) 
VOUCHERS. 

To  be  filed  by  Controller 76 


i\PEX 

w   M.I.S.  Section 

Unsafe,  powei  to  remoi  e 85,  !$29,  717 

Power  t<'  regulate  construction  of 183 

w  \Ki;.\\  i  S. 

i\>  be  drawn  and  signed  by  Controller 76 

ro  specif}   purpo   e  Eoi   which  drawn 76,  19S  . 

Mot  to  be  ili awn  for  illegal  claims 197 

Not  to  be  drawn  unless  money  in  the  Treasury 197 

No  monej  to  be  paid  out  oi   rreasury  except  on 198 

When  to  be  void 200 

On  Sinking  Fund,  how  drawn 212 

On  Fire  <■  'ommission  Fund,  how  drawn :'>ll 

For  payment  of  pensions  to  firemen 372 

On  Metropolitan  Police  Fund,  how  drawn 563 

W  VRDS. 

Boundaries  of 4 

To  be  divided  into  election  districts 5,  779 

New  Wards,  14th,  15th  and  16th,  officers  in 6 

Elector  to  vote,  in  what 19 

Officers  of,  when  and  how  elected 86 

\\  A  I  KR  OF  DETROIT  RIVER. 

Council  may  preserve  purity  of llf 

Penalty  for  polluting 525 

WATER  COMMISSIONERS,  BOARD  OP, 

How  appointed 35,  535 

Authorized  to  hold  real  estate 505 

To  have  corporate  name  and  seal 505 

Property  of,  exempt  from  taxation 505 

Property  devised  by  Chauncey  Hurlbut,  to  be  disposed  of  according-  to  will c05 

Term  of  office  of 506 

Vacancy  in  office  of,  how  filled 506 

President  and  Secretary  of,  how  appointed 507 

Power  to  borrow  money  by  issuing  bonds 508,  536,  537,  538,  589 

To  keep  registry  of  bonds  issued 508 

To  supply  the  City  of  Detroit  with  water 509 

May  employ  Superintendents  and  other  officers  and  fix  their  compensation 510 

Not  to  receive  compensation 510 

Duty  of,  to  erect  and  maintain  Water  Works 511 

May  purchase  real  estate 511 

May  lay  pipes  through  private  property v 51 1 

May  erect  hydrants,  lay  pipes,  etc.,  in  streets 512 

May  erect  drinking  fountains  for  public  use ;,'~ 

Shall  assess  water  rates 513,  514 

Water  rates  to  be  a  lien  on  premises 513 

May  make  rules  and  regulations  for  collection  of  water  rates 514 

Property  may  be  sold  for  non-payment  of  water  rates 514 

To  keep  record  of  proceedings  relative  to  water  rates 515 

To  make  annual  reports  to  Common  Council 516 

Shall  invest  surplus  funds , , 517 

Shall  pay  interest  and  bonds  out  of  surplus  funds 51. 


INDEX. 


77 


WATER  COMMISSIONERS,  BOARD  OF-Continued.  Section 

When  may  issue  new  bonds -.- 

Oil 

Shall  take  oath  of  office -,,. 

Water  mains  through  private  property,  to  be  owned  by 519 

How  removed .„,. 

520 

May  enter  upon  private  property  forcertain  purposes 521 

May  agree  upon  compensation  for  use  of  private  property -,'l 

Shall  have  power  to  take  land  in  fee  for  special  purposes -00 

Proceedings  on  condemnation 5oo    coo    -o. 

Compensation  for  property  condemned,  how  paid,  and  when 5.70 

Costs  wheVe  condemnation  proceedings  are  discontinued 5.13 

Appeals  to  the  Supreme  Court,  how  made -04 

Appeals  not  to  prevent  Board  from  taking  possession 504 

Penalty  for  polluting  water  supply so- 

Notice  of  penalty  to  be  posted ,„- 

Penalty  for  interfering  with  pipes  of -0fi 

Interfering  with  or  breaking  inlet  pipe,  main  distributing  pipe,  etc.,  to  be  a  felony 526 

Extension  of  pipes,  how  made -o-. 

To  report  to  Common  Council,  amount  of  money  needed  to  pay  interest  528 

Duty  of  Council  to  raise  amount  for  interest  by  special  tax -  ig 

Not  to  be  interested  in  contracts,  etc 

Lands,  docks,  buildings,  machinery,  pipes,  hydrants,  and  all  other  fixtures  to  belong  to. 

Power  to  make  by-laws,  etc 

By-laws  adopted  to  be  recorded 

May  levy  special  assessments 

May  issue  new  bonds  to  take  up  old 

Council  to  levy  taxes  to-the  amount  of  $75,000  for 


589 

530 
531 
531 
532 
540 
540 


WATER  RATES. 


Commissioners  may  assess. . .    .  E,0  ... 

J  51.1  ol4 

To  be  a  lien „.  . 

514 

514 

514 

515 

527 


Commissioners  may  make  rules  as  to  collection  of. 

Sale  of  property  for  non-payment  of 

List  of  assessments  to  be  kept 

To  non-residents 


WAYNE  (Ol    \I  Y 


Aldermen  not  eligible  to  offices  in 

Auditors  of,  may  inspect  records  of  Recorder's  Court. 
When  liable  for  costs  and  board  of  prisoners 


45 
852 

25  1 


Auditors  of,  to  pay  certain  expenses  for  apprehension  of  criminals 543 


WAYS  AND  MEANS,  COMMITTEE  OF. 

Chairman  of,  to  be  member  of  Loan  Committee. 


Section 


<  'hamnan  of,  to  be  member  of  Board  of  Sinking  I  und  Co 


SOU 

mmissioners 210 


WEIGH    M  \M  ERS. 

IIow  appoint  d 


38 


INDEX. 


WEIGHTS.                                                                                                                                                                 Section 
Power  w>  compel  use  of  seal 140 

Police  Board  may  appoint  scaler  of 548 

WHARFING  PRIVILEGES. 

Council  may  lease 120 

WHARVES  AND  DOCKS 

Power  to  erect,  regulate,  prevent  encumbering',  etc 120 

Power  to  preserve  order  on , 128 

WHISKEY. 

Power  to  inspect 1-10 

WHISTLES. 

Blowing  of,  power  to  regulate 123 

WlNES  AND  LIQUORS. 

Power  of  Council  over  sale  of 13'i 

Power  of  Council  to  inspect 140 

WITNESSES. 

Mayor  may  subpoena 84 

Council  may  subpoena 116 

Ccuncil  committees  may  subpoena 116 

Council  may  fix  fees  of 147 

When  Police  Board  may  summon 550,  565 

Detained,  Police  Board  to  furnish  accommodations  for 560 

False  oath  of,  before  Police  Board  to  be  perjury 565 

WOMEN. 

May  vote,  when 24,  500 

WOOD. 

Council  may  designate  place  for  sale  of _ 124 

Council  may  provide  for  inspecting 140 

WORK  HOUSE. 

Council  may  build  and  control 129 

Council  may  appoint  officers  of 129 

Council  may  provide  for  imprisonment  in 142 

Expense  of  imprisonment  in,  how  paid •  ■  142 

YEAS  AND  NAYS. 

When  to  be  entered  on  the  record : 112,  202 

When  to  be  called  in  meeting  of  Sinking  Fund  Board 211 


This  book  is  DUE  on  the  last  date  stamped  below 


„  DISCHARGE^ 

HIN2  01BB 


Form  L-9-15m-7,'32 


833  Detroit. 
1883  Charters  - 

fit 

The  charter 

P 

of  the  city 
of  Detroit. 

_-__.. 

3S 

UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 


AA    000  798  884 


UNIVERSITY  of  OALTFOr 


LOS  ANGELES 
LIBRARY 


